Gulshan Prakash v. State of Haryana (2010) 1 SCC 477||Case Summary Introduction In this appeal, the Court has interpreted Article 15(4) of the Fundamental Right. It has been added by the 1st Amendment Act, of 1951. Facts The State of Haryana instructed Maharshi Dayanand University (MDU), Rohtak to conduct entrance examination for MD/MS/PG courses for the Session 2008-2009. The appellant made a representation to the Health Secretary for providing reservation for SC and ST in the Post Graduate courses, Since there was no response from the Health Secretary the Appellant filed a petition in the High Court. The High Court dismissed the petition of the appellant therefore the appellant approached the Supreme Court by Special Leave Petition under Article 136. Appellant Contentions MDU, Rohtak has provided 20% reservation for the graduate level courses or undergraduate courses therefore the said University should also provide reservation in for the PG courses. The Government o
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The Imperial Tobacco Co. of India Ltd. v. The Registrar of Trade Marks AIR 1977 Cal. 413
The Imperial Tobacco Co. of India Ltd. v. The Registrar of Trade Marks|| The Imperial Tobacco Co. case summary
Introduction
A very interesting case regarding the registration of a word as a trademark, which doesn't have any direct reference to the character or quality of the goods. This case discussed the validity of the registration of a geographical word as a trademark. This case was decided by The Trade And Merchandise Marks Act, 1958
Facts
The appellant company (The Imperial Tobacco Co. of India Ltd.) applied to register the word "Simla, outlined by snow-clad hills " as a trademark for its product. When the registrar refused to register, this appeal was made after its earlier appeal under
S. 109 of The Trade And Merchandise Marks Act, 1958. was dismissed on the grounds that the word "Simla" is a famous geographical name and therefore it can not be registered except on evidence of distinctiveness.
Issue
Whether the word "Simla" is entitled to registration under the Act.
Whether the word "Simla" acquired distinctiveness.
Arguments of the appellant counsel
Geographical word is not an absolute bar over registration.
The use of "Simla" does not cause prejudice to other traders since Simla was never a producer of tobacco.
The affidavit produced as evidence shows that the trademark had acquired distinctiveness.
No law lays down for a specific period to attain distinctiveness.
Clauses (a) to (e) of Section 9(5)of the Trade and Merchandise Marks Act 1958, are disjunctive, thus by following any of the clauses, a mark is entitled to registration.
The word "Tijuana Smalls" in Tijuana Smalls' case was registered in part B.
Various geographical names had already been accepted, such as
Sheemla for agarbatti,
Gulmarg for wire,
Shalimar for engineering goods
Ratio Decidendi
Any geographical name in its ordinary or geographical signification is unable to be distinct, except for small and insignificant places. A geographical mark can be registered if it is adapted to be distinctive or capable of being distinctive from other producers and has less geographical significance.
Adapted to distinguish means the mark has some inherent qualities or characteristics in itself to distinguish it from other goods. The capability of being distinctive means distinctiveness is absent but it can be acquired by an appropriate user.
Although the British Act of 1919 provides for 2 years to attain distinctiveness, the Act of 1940 doesn't provide such a period. It depends on the circumstances and evidence produced on behalf of it.
Distinctiveness means such quality in the trademark mark which shows the given goods are different from those of other producers.
Use of the product can be produced as evidence and its bonafide consumers are witnesses.
The imprint of snow-clad hills on the outline of the word Simla shows obvious geographical signification.
Simla is too a prominent city, it can neither be distinctive nor adapted to distinguish from other's goods.
Tijuana case- Even a distinctive word couldn't be registered if its geographical significance is so general that it could be used by more than one trader.
Such words are only fanciful and have no geographical or ordinary signification. Also, these words have attained a secondary meaning
Decisions
Dismissed appeal
The word Simla can't be registered as a trademark.
Summary
On an appeal by the appellant company to get registered its mark "Simla outlined with a snow-clad hills" this Court upheld the validity of its earlier order to not register such words as a trademark which shows geographical signification. The court also observed certain exceptions where a geographical word can be registered as if it shows a secondary meaning other than its geographical signification and if it is the name of a less popular place. Also, the Court held that the mark must be able to distinguish itself from other producers.
Ashbury railway carriage v riche|| Case Summary Introduction This case is related to the " Doctrine of Ultra Vires". In this case, the directors of the appellant company made an agreement with the plaintiff which was beyond the objectives, as mentioned in its MoA, of the appellant Company. Since the agreement was beyond its objectives, the appellant company repudiated the agreement later. Therefore the suit was brought by the plaintiff to recover the damages. Facts The directors of the appellant company (Ashbury Railway Carriage) had contracted to obtain a concession from Gillon and Poeters Baerston, who obtained this right from the Belgian Government, to make a railway. For this purpose, the directors of the appellant company again entered into a contract with Riche, a contractor, the purpose of which was to establish a société anonyme, and as the plaintiff went on with the work, the appellant company had to pay into the hands of société anonyme, Earlier the sharehol
Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate, AIR 1958 SC 353 Case Summary Introduction The case of Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate involved a dispute between the management of the Dimakuchi Tea Estate and its workers. This case has discussed and cleared the meaning of the expression "any person" used in S.2(K) of the Industrial Dispute Act, 1947. The Supreme Court ruled in favour of a limited interpretation of the term "any person" thereby excluding the present appellant from the ambit of the Industrial Disputes Act of 1947. This decision denied the jurisdiction of the Industrial Tribunal to adjudicate the dispute and extended the benefits and protections of the Act to the employers. Facts of the Case The dispute was raised over the termination of the service of Dr K.P. Banerjee, who was appointed as an Assistant Medical Officer in the Respondent's estate (Dimakuchi Tea Estate), on the grounds of being incompetent. Although th
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