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march 2011

Supreme Court of India · 2011-03-03

T.V. Venogopal vs Ushodaya Enterprises Ltd. & Anr

Court
Supreme Court of India
Petitioner
T.V. Venogopal
Respondent
Ushodaya Enterprises Ltd. & Anr
Author
Dalveer Bhandari
Bench
K.S. Panicker Radhakrishnan, Dalveer Bhandari

Judgment text excerpt

The Supreme Court addressed the issue of trademark infringement and passing off under the Copyright Act, 1957, and the Trade Marks Act, 1999. The Court held that the word 'Eenadu' is a common term in South Indian languages, thus no single entity can claim exclusive rights over it for all goods and services. The Court ruled in favor of the appellant, stating that the respondent's claim of infringement lacked merit due to the absence of commonality between the businesses involved.

T.V. Venogopal vs Ushodaya Enterprises Ltd. & Anr · Niyam