Supreme Court · 2001 INSC 568 · Decided 9 November 2001
Mahendra and Mahendra Paper Mills LTD. v. Mahindra and Mahindra LTD.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 568 · [2001] SUPP. 5 S.C.R. 225
- Case number
- CIVIL APPEAL No. 7805/2001
- Decided
- 9 November 2001
- Bench
- D.P. MOHAPATRA, SHIVARAJ V. PATIL (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC; Companies Act
Headnote
Civil Procedure Code, 1908-0rder 39, Rule I. Plaintiff-Company using registered trade mark.for a long time-D~fend­ ant-Company subsequently using almost identical and deceptively similar corporate na111e-lts business yet to commence-Suit.for if1:fringement of trade mark-Grant of Interim rightly passed since plaintiff-company established a prima facie case that such user of name would affect the plaintiff-company prejudicially in its business-Trade and Merchandise Marks Act, 1958-Sec- A B c ~ l~~IM D Plaintiff-respondent filed suit against defendant-appellant seeking decree of
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