Supreme Court · 1970 INSC 71 · Decided 18 March 1970
National Bell CO. & ANR. v. Metal Goods MFG. CO. (P) LTD. & ANR.
- Court
- Supreme Court of India
- Citation
- 1970 INSC 71 · [1971] 1 S.C.R. 70
- Case number
- CIVIL APPEAL No. 1952/1966
- Decided
- 18 March 1970
- Bench
- J.M. SHELAT, C.A. VAIDYIALINGAM (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
BELL CO. & ANR. v. METAL GOODS MFG. CO. (P) LTD. & ANR. March 18, 1970 (J. M. SHELAT AND C. A. VAIDIALINGAM, JJ,J Trade and Merchandise Marks Act (43 of 1958), ss, 9(3), ll(a) and (e), 32(b) and (c) and 56-'Distinctive', meaning of-Numeral as trade nu1rk-'Aggrieved person, and 'without prior to 1952 cycle bells manufactured by Lucas Jlnd other foreign concerns bearing the numbers '50' and other numerals were in tbe Indian market. After 1952, the import of foreign bells was prohibited, and though foreign made bells with the numerals '50' were being sold as late as 1958, the
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