cover image: The Calcutta Weekly Notes  Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts  Monday  August 16  1926

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The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday August 16 1926

1926

the footsteps of their illutrious predecessors and manfully take to the task of reviewing the decisions of the Indian High Courts in the broad spirit of equity and justice which have gone to build up the pretige and fair fame of the Privy Council in this distant country and inspire confidence in the Board amongst its teeming millions. [...] On the outbreak of the war the said compounds necessarily ceased to be iported into India from Berlin but they contnued to be imported by the Plaintiffs' London firm until the property and assets of the latter in London were sold in June 1917 by the Cotroller appointed under the Trading with the Enemy (Amendment) Act 1916 to Genatosan Limited. [...] Henceforward the said Genatosan Limited imported the said compounds under the names Sanatogen " and " Formamint." On the termination of the war the. Plaintiffs started and imported " Sanatogen " and " Fomamint " from Berlin claiming that they were the original manufacturers and bad the original exclusive right to the use of the said names which rightby the treaty of peace was restored to t [...] The Defendants inter alia contended that the trade marks Sanatogen " and r` Formamint " were avoided and removed from the register of trade marks in October 1916 by and under the order made by the Board of Trade and under the rules under the Patents Designs and Trade Marks Temporary Rules Act 1914 and thereupon the said marks and names bete public property both in England and in India. [...] It was pointed out that there being no Registration Act in India giving the right of property in trade marks by regitration the only right of action a trader or manfacturer has is the common law right of action which entitles him to an -injunction restraiing the use of trade mark belonging to the if such use is calculated to pass off the Defei dants' goods as the goods of the Plaintiffs
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday August 16 1926
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