- Court
- Calcutta High Court
- Date of judgment
- Judge
- Krishna Rao IPDTMA
- Outcome
- Set aside
Headnote
Appeal allowed, the order rejecting the opposition set aside and the certificate of registration recalled. The Registrar had found the appellant to be the prior user of JUMBO with enormous goodwill, yet allowed the rival BICRAMPORE T.E. label to register on the footing that its prominent feature was the words and not the elephant device, while elsewhere in the same order describing that label as showing Hathi Marka. The Court held the two findings contradictory, since Hathi means elephant and both labels carried an elephant device. The respondent had produced no evidence of use since 1970 as claimed, its documents dating from 2002. Applying J.C. Eno, a trader cannot be permitted to use in one language words that have become distinctive of another trader's goods in a different language, and general consumers simply buy the product looking at the device of the elephant.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.