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august 2010

Supreme Court of India · 2010-08-27

SHALIMAR CHEMICALS WORKS LTD. vs SURENDRA OIL & DAL MILLS(REFINERIES)&ORS

Citation / case number
SC 2003/20780
Court
Supreme Court of India
Petitioner
SHALIMAR CHEMICALS WORKS LTD.
Respondent
SURENDRA OIL & DAL MILLS(REFINERIES)&ORS
Author
AFTAB ALAM
Bench
AFTAB ALAM,R.M. LODHA, , ,

Judgment text excerpt

The Supreme Court addressed the appeal concerning the infringement of the registered trademark 'Shalimar' under the Trade and Merchandise Marks Act, 1958. The Court emphasized that under Section 31(1) of the Act, original registration documents are required as prima facie evidence of validity, and the trial court's dismissal was based on the appellant's failure to produce original documents. The High Court's decision to allow additional evidence and set aside the trial court's judgment was upheld, reinforcing the necessity of proper documentation in trademark disputes.

SHALIMAR CHEMICALS WORKS LTD. vs SURENDRA OIL & DAL MILLS(REFINERIES)&ORS · Niyam