Supreme Court · 1969 INSC 224 · Decided 8 September 1969
Ruston & Hornsby LTD. v. The Zamindara Engineering CO.
- Court
- Supreme Court of India
- Citation
- 1969 INSC 224 · [1970] 2 S.C.R. 222
- Case number
- CIVIL APPEAL No. 1274/1966
- Decided
- 8 September 1969
- Bench
- J.C. SHAH, V. RAMASWAMI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Companies Act
Headnote
Trade Marks Act, 1940, s. 21-Trade ;,zark deceiptively si1nilar­ Whether addition of word 'India' distinguishes. For the infringement of its registered trade mark "RUSTON" by the respondent's trade mark "RUSTAM", the appellant filed a suit for perma­ nent injunction. INDIA" W<!re used. The trial court dismissed the suit holding that there was no visual or phonetic simi!aritv between "RUSTON" and "RUSTAM". The High Court in appeal, held that there was deceptive resemblance between the words "RUSTON" and
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