High Court in a landmark judgement has ruled that a registered trademark user
has the right to restrict others using their trademark for different class or
ruled that a registered trademark is infringed by a person who, not being a registered
proprietor or a person using by way of permitted use, uses in the course of trade,
a mark which is identical with or similar to the registered trade mark and is
used in relation to goods or services which are not similar to those for which
the trade mark is registered.
further ruled that the contention of using a trademark for a long time, without
valid permission, is not acceptable, as passing off is a recurring wrong and therefore
can be prevented at any stage and at any time.
significant judgement comes as a relief to organisations whose trademarks are
regularly infringed. The problem of trademark infringements has assumed alarming
proportions all over the country.
Kaira District Co-operative Milk Producers'' Union Ltd and Gujarat Cooperative
Milk Marketing Federation (GCMMF) had filed trademark infringement cases against
two local shop owners, Amul Chasmaghar and its partners and Amul Cut Piece Stores
in the District Court, Anand.
District Court at Anand passed an order on 25 April 2007, ruling that it was a
clear case of infringement and restrained the two from using Amul trade mark.
Amul Chasmaghar had challenged this interim injunction in the Gujarat High Court.
the ruling of the District Court, Justice D N Patel of Gujarat High Court ruled
that he saw no reason to entertain the present appeal as the order passed by the
trial court is true, correct, legal and in consonance with the facts of the case
as well as in accordance with the provisions of the Trade Marks Act 1999.