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march 2011

Supreme Court of India · 2011-03-03

T.V. VENOGOPAL vs USHODAYA ENTERPRISES LTD.

Citation / case number
SC 2001/10103
Court
Supreme Court of India
Petitioner
T.V. VENOGOPAL
Respondent
USHODAYA ENTERPRISES LTD.
Author
Dalveer Bhandari
Bench
DALVEER BHANDARI,K.S. PANICKER RADHAKRISHNAN, , ,

Judgment text excerpt

The Supreme Court addressed the issue of trademark infringement and passing off concerning the use of the term 'Eenadu' by the appellant and the respondent. The Court held that the term 'Eenadu' is a common word in South Indian languages, thus no single entity can claim exclusive rights over it for all goods and services. The Court emphasized that the appellant's use of 'Eenadu' for incense sticks does not infringe upon the respondent's rights as their businesses are distinct, leading to the dismissal of the respondent's claims.

T.V. VENOGOPAL vs USHODAYA ENTERPRISES LTD. · Niyam