IP Case Law › Trade Marks › S. Syed Mohideen v. P. Sulochana Bai
Relevant Acts and provisions
Trade Marks Act, 1999
Section 27(2)Section 28(3)Section 34
Provisions considered: Sections 27(2), 28(3) and 34 of the Trade Marks Act, 1999, on passing off and prior user rights.
Brief facts
The respondent's family had run a halwa business in Tirunelveli under a distinctive trading name for around a century and held a registered trade mark for it. The appellant began selling halwa under a deceptively similar trade name and had also obtained his own trade mark registration. The respondent sued for a declaration, permanent injunction and other reliefs, alleging passing off and infringement.
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Keywords
Deceptive Similarity Goodwill Passing Off Prior User Registered Trade Mark
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