Supreme Court of India
Parakh Vanijya Private Limited v. Baroma Agro Product and Others
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.
What the Court ordered
We are of the view that the High Court rightly held that the appellant cannot claim exclusive right over the use of the word ‘MALABAR’.
Judgment, page 5
From the headnote
Trademark – Appellant sold special Biryani Rice unde r the mark “MALABAR”– Suit filed by appellant against respondents for infringement and passing off special Biryani Rice u nder the mark ‘MALABAR GOLD’ or other mark deceptively similar to ‘MALABAR’ – High Court held that the respondents were entitle d to use the word ‘MALABAR’ in conjunction with ‘BAROMA’ with modifications, for selling its Biryani Rice – On appeal, held: Thoug h, appellant is the registered owner of the label mark in Class-30, howeve r, in the said registration u/Class-30, there is a disclaimer to the exclusive use of the
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