Supreme Court · 2001 INSC 594 · Decided 4 December 2001
Laxmikant V. Patel v. Chetanbhai Shah and ANR.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 594 · [2001] SUPP. 5 S.C.R. 435
- Case number
- CIVIL APPEAL No. 8266/2001
- Decided
- 4 December 2001
- Bench
- R.C. LAHOTI, K.G. BALAKRISHNAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Constitution
Headnote
Trade mark and Trade name : Passing o,(f-Trade or service marks-Elements o,f passing-off action are reputation of goods and/or services, possibility of deception and likelihood of damages. Civil Procedure Code, 1908-0rder 39 Rules I & 2-Passing o,(f ac­ tion-Temporary Injunction-Refusal to when discretion is shown to A B c have been exercised arbitrarily or capriciously or perversely or where there is D .failure to apply settled principles o,f law-Held, on .facts, case for interference made out-Practice and Procedure-Constitution (}f India, 1950-Article 136. Appellant-plaintiff was
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