Supreme Court of India · 2014-08-04
Precious Jewels & Anr vs Varun Gems
- Court
- Supreme Court of India
- Petitioner
- Precious Jewels & Anr
- Respondent
- Varun Gems
- Bench
- Vikramajit Sen, Anil R. Dave
Judgment text excerpt
The Supreme Court held that under Section 35 of the Trade Marks Act, 1999, individuals have the right to use their own name in a bona fide manner for business purposes. The Court found that the defendants, who are family members sharing the surname 'Rakyan', were unjustly restrained from conducting business under the name 'NEENA AND RAVI RAKYAN'. The interim order of the lower court was deemed improper, and the appeal was allowed, permitting the defendants to continue their business.