Supreme Court of India · 2014-08-04
PRECIOUS JEWELS vs VARUN GEMS
- Citation / case number
- SC 2013/5605
- Court
- Supreme Court of India
- Petitioner
- PRECIOUS JEWELS
- Respondent
- VARUN GEMS
- Author
- ANIL R. DAVE
- Bench
- VIKRAMAJIT SEN ANIL R. DAVE
Judgment text excerpt
The Supreme Court addressed an appeal concerning an interim order under the Trade Marks Act, 1999, specifically referencing Section 35, which allows individuals to use their own names in business. The Court held that the defendants, who are family members sharing the surname 'Rakyan', cannot be restrained from using their names in their business, as it constitutes bona fide use under the Act. The interim order restraining the defendants was deemed unjust and improper, leading to the appeal's success.