Supreme Court of India
American Home Products Corporation v. Mac Laboratories Private Limited and Anr.
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What the Court ordered
Accordingly we directed the Appellant to f il.e copies of tho&e tw agreP.ments aloo, which tt di.d.
Judgment, page 57
From the headnote
Trade Marks Act, 1940 (5 of 1940), ss.14(1) and 39(2) and Trade and Merchandise Marks Act, 1958 ( 43 of 1958), ss. 18, 46(l)(a)(b) and 48 - "Trade Mark" - What is - Registration of - Valuable right on the proprietor whether conferred - Infringement of rights - Remedies - What are. Trade Marks Act, 1940 - s.14(1) - Trade matk 'Dristan' - Registration of. Trade and Merchandise Marks Act, 1958 - s.46(l)(a)(b) - "Trade !'lark" - Removal of from Register of Trade Marks - Two conditions precedent under cl.(a) must be cumulatively satisfied - Burden of proving applicability of s.46(l)(a)(b) - On
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