Supreme Court of India

Whirlpool Corporation v. Registrar of Trade Marks, Mumbai and Ors.

Neutral citation

Reported as [1998] SUPP. 2 S.C.R. 359

Bench S. Saghir Ahmad and K.T. Thomas JJ.

Decided 26 October 1998

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

21 Supreme Court benches have cited this judgment.

From the headnote

Trade and Merchandise Marh; Act, 1958 : Sections 2(1) (x), 5-7, JO, 12, 17, 19, 21, 23, 46, 47, 56, 107-109 and Ill. Trade MarhJ-Registrar of Trade Marh; and High Court-Jurisdiction to act as Tribunal-Held, apparently concurrent-But in certain matters held mutually exclusive-Before "which the proceeding concerned is pending" Held has to be treated Tribunal. Trade Mar hi-Registration of Trade Mark 'WHIRLPOOL' by appellant- . Initially renewal not obtained but subsequently obtained for three successive periods-Jn the meantime registration of Trade Mark 'WHIRLPOOL' by Chinar Trust-Appellant's

Authorities it was built on

1960 The Vanguard Fire and General Insurance Co. Ltd., Madras v. M/s. Fraser and Ross and Another. cited by 23
1961 A. V. Venkateswaran, Collector of Customs, Bombay v. Ramchand Sobhraj Wadhwani and Another cited by 11

Where later benches applied it

2024 Ernakulam Regional Cooperative Milk Producers Union Ltd. Etc. v. Nithu & Ors. Etc. relied on
2019 Council for Technical Education v. Shri Prince Shivaji Maratha Boarding House’s College of Architecture & Ors. relied on
2019 Kaikhosrou (chick) Kavasji Framji v. Union of India & Anr. relied on
2026 Sujal Vishwas Attavar v. The State of Maharashtra referred to
2025 Power Grid Corporation of India Limited v. Madhya Pradesh Power Transmission Company referred to
2025 Bank of Baroda v. Farooq Ali Khan & Ors. referred to
2025 M/s Tamil Nadu Cements Corporation Limited v. Micro and Small Enterprises Facilitation Council and Another referred to
2025 Mohammed Enterprises (tanzania) Ltd. v. Farooq Ali Khan & Ors. referred to
2023 M/s Godrej Sara Lee Ltd v. The Excise and Taxation Officer-cum-assessing Authority & Ors. referred to
2022 The State of Maharashtra and Others v. Greatship (india) Limited referred to
2022 Madhya Pradesh High Court Advocates Bar Association and Anr v. Union of India and Anr referred to
2022 State of Andhra Pradesh (now State of Telangana) v. A. P. State Wakf Board & Ors. referred to
2021 Shrachi Burdwan Developers Private Limited v. The State of West Bengal & Ors. referred to
2021 M/s Magadh Sugar & Energy Ltd. v. The State of Bihar & Ors. referred to
2021 Uttar Pradesh Power Transmission Corporation Ltd. and Anr. v. Cg Power and Industrial Solutions Limited and Anr. referred to
2021 M/s Radha Krishan Industries v. State of Himachal Pradesh & Ors. referred to
2021 Ghanashyam Mishra and Sons Private Limited through the Authorized Signatory v. Edelweiss Asset Reconstruction Company Limited through the Director & Ors. referred to
2021 Kalpraj Dharamshi & Anr. v. Kotak Investment Advisors Ltd. & Anr. referred to
2016 Mahanadi Coalfields Ltd. & Ors. v. M/s. Dhansar Engineering Co. Pvt. Ltd. & Anr. referred to
2011 The Executive Engineer and Anr. v. M/s Sri Seetaram Rice Mill referred to
2016 Jagatjit Industries Limited v. The Intellectual Property Appellace Board & Ors. not applicable

Of those, 3 relied on · 17 referred to · 1 not applicable

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