Supreme Court · 2008 INSC 908 · Decided 5 August 2008
K. Narayanan and ANR. v. S. Murali
- Court
- Supreme Court of India
- Citation
- 2008 INSC 908 · [2008] 11 S.C.R. 939
- Case number
- CIVIL APPEAL No. 4480/2002
- Decided
- 5 August 2008
- Bench
- TARUN CHATTERJEE, H.S. BEDI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Trade and Merchandise Marks Act, 1958 - ss. 18 and 28 - Passing off - Cause of action - Appellants manufacturing and selling banana chips under the trademark A-ONE - Filed c application for registration of the trade mark- Application still pending - Respondent too filed application seeking Suit filed by appellants seeking injunction to restrain respondent from 'passing off' his goods using the trade mark A-ONE - Dismissal of, by High D Court - Justification - Held: Justified - Before registration is )"' granted for trade mark, there is no right to assert that the mark has been
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