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M.N. Clubwala v. Fida Hussain Saheb, 1964

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M.N. Clubwala v. Fida Hussain Saheb, (1964) 6 SCR 642, 651 This case interpretation/case summary is written by Ms. Swati Sharma a student at the Faculty of Law (Delhi University). If you also want to publish your articles or case interpretations/summaries, send your work to  niyamskanoon09@gmail.com . Case Details PETITIONER:  MRS. M. N. CLUBWALA AND ANR. Vs. RESPONDENT: FIDA HUSSAIN SAHEB AND ORS. DATE OF JUDGMENT: 03/02/1964 BENCH: MUDHOLKAR, J.R. SUBBARAO, K. CITATION: 1965 AIR 610 1964 SCR (6) 642 Introduction   The case of M.N. Clubwala v. Fida Hussain Saheb (1964) under the Delhi Rent Control Act is a landmark judgment that clarifies the distinction between a lease and a license and the jurisdiction of the Rent Controller. The primary issue in this case was whether the agreements between the landlord (M.N. Clubwala) and the shopkeepers (Fida Hussain Saheb) created a lease or a license.  Facts of the Case M.N. Clubwala (Landlord) used his building as market by
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Geep Flashlight Industries Ltd. v. The Registrar of Trade Marks AIR 1972 Del. 179

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Geep Flashlight Industries Ltd. v. The Registrar of Trade Marks|| Geep Flashlight Industries case summary  Introduction This case was adjudged by the Court under the provisions of the Act of 1958 i.e. Trade and Merchandise Marks Act,1958. Section 9 of this Act places certain requirements to be fulfilled by the mark (words) to get it registered as a trademark. Fulfillment of all the conditions doesn't assure its registration because this Act also provided certain discretion to the Registrar under S.18(4) to accept the application or refuse to register. However, this discretion has to be exercised judicially and not arbitrarily. Facts The business of the appellant company (Geep Flashlight Industries Ltd.) was to manufacture torches and their sale thereafter. The company was carrying on its sale of torches by the name of "Janta" torch. A few years later, the appellant company made an application to the Registrar to register the word "Janta" as a trademark for its t
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The Imperial Tobacco Co. of India Ltd. v. The Registrar of Trade Marks AIR 1977 Cal. 413

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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 reg
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Section 9 in The Trade And Merchandise Marks Act, 1958

Section 9 in The Trade And Merchandise Marks Act, 1958 9. Requisites for registration in Parts A and B of the register. A trade mark shall not be registered in Part A of the register unless it contains or consists of at least one of the following essential particulars, namely:- (a) the name of a company, individual or firm represented in a special or particular manner; (b) the signature of the applicant for registration or some predecessor in his business; (c) one or more invented words; (d) one or more words having no direct reference to the character or quality of the goods and not being, according to its ordinary signification, a geographical name or a surname or a personal name or any common abbreviation thereof or the name of a sect, caste or tribe in India; (e) any other distinctive mark.  A name, signature or word, other than such as fall within the descriptions in clauses (a), (b), (c) and (d) of sub-section (1) shall not be registrable in Part A of the register except upon evi
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