Supreme Court: Rape Conviction Possible Without S.376 Charge if POCSO Case Fails on Age Proof  ||  SC: Mere Long Possession Can't Establish Adverse Possession; Hostile Intent is Required  ||  Supreme Court Finds Gaps in FSSAI’s Proposed Warning Labels for Foods High in Fat, Sugar and Salt  ||  Supreme Court Quashes ITS Officer's 'Deadwood' Retirement, Orders Rs. 15 Lakh Payment  ||  Uttarakhand HC: District Magistrate to Establish Public Helpline within 24 Hrs amid Water Pollution  ||  Allahabad HC: Custodial Violence and Molestation Are Crimes, Not Police Duty  ||  Gujarat High Court: Bombay Public Trust Registration is Covered by Section 43 of the Waqf Act  ||  J&K&L HC: Advocates not Above Law, No Immunity from Lawful Police Inquiry  ||  Gauhati HC: Talaq-e-Hasan Valid, Requires Registration under Assam Marriage Act  ||  NCLAT: NCLT President Empowered to Transfer Cases from One Bench to Another    

Senge Himalayan Ceramics v. Shri Ram & Company - (High Court of Delhi) (07 Dec 2015)

High Court restrains use of fraudulently claimed mark

MANU/DE/4032/2015

Intellectual Property Rights

The Delhi High Court issued an interim injunction against the Defendant restraining it from using in any manner the Plaintiff’s mark, ‘Senge’. The Plaintiff had claimed the mark in respect of ‘Senge Himalayan Ceramics’, which had dealings in mugs, teacups and saucers, handicrafts and various other crockery. Senge, styled after a fearless lion in Tibetan mythology, had been first used in Plaintiff’s tours and travels business, before also stamping it on its line of handicrafts. The Defendant had approached the Plaintiff to manufacture the products for him, and thereafter had Plaintiff’s mark registered in its own name. The Court determined Plaintiff to be much the prior user of the mark; receipts adduced by Defendant showing using of the mark were found to be fraudulent, and it was found guilty of filing a false document.

Relevant : Laxmikant V. Patel v. Chetanbhat Shah and Another MANU/SC/0763/2001 S. Syed Mohideen v. P. Sulochana Bai MANU/SC/0576/2015 M/s. Bengal Waterproof Ltd. vs. M/s. Bombay Waterproof Manufacturing Co. MANU/SC/0327/1997

Tags : TRADE MARK   LOGO   PRIOR USE   FALSE DOCUMENTS  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved