- Court
- Calcutta High Court
- Date of judgment
- Bench
- Harish Tandon, Madhuresh Prasad Apot
- Outcome
- Dismissed
Headnote
Appeal dismissed and the vacation of an ex parte injunction upheld. The appellants' registration of MAJDUR BIRI carried a restriction limiting it to use within West Bengal, and the Court held that a registration so restricted cannot have extra territorial operation, so infringement could be alleged only within that State. On associated marks, section 16 permits registration of an identical or similar mark by the same proprietor as an associated trade mark so that the public is not misled as to source, and section 44 restricts assignment of an associated mark except as a whole. A later mark registered in association with a restricted parent mark does not shed the parent's conditions unless and until it is disassociated under section 16(5). The injunction had therefore been obtained on a misleading statement in the plaint.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.