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.