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.