Supreme Court of India

Hardie Trading Ltd. and Anr. v. Addisons Paint and Chemicals Ltd.

Neutral citation
Reported as [2003] SUPP. 3 S.C.R. 686
Bench Ruma Pal and B.N. Srikrishna JJ.
Decided 12 September 2003

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.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the view that the dissenting judgment of Swamidurai, J. F was correct.

Judgment, page 33

From the headnote

Trade and Merchandise Marks Act, 1958 s.46 (1)(3) r/w 2(2)(b), 48(2) r/w 2(m)-Removal of registered trademark on ground of non-user­ Registered user agreement between , inventor and holder of registered trademarks comprising words 'Spartan' and 'Spartan Ve/ox' and rear picture of upper body of helmeted warrior carrying shield and spear (Hardie device), and ' ', a manufacturer of paints and other surface cuttings with technical know-how supplied by - ' 's application for registration of 's trademarks rejected on grounds of identity and deceptive similarity- ' ' thereafter applying for

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