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august 2014

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.

PRECIOUS JEWELS vs VARUN GEMS · Niyam