...exact reproduction of the original. Explanation 2 of section 28 is of great significance. It lays down a rebuttable presumption where resemblance is such that a person might be deceived t...is so and if the resemblance is such that a person might be deceived by it, there will be a presumption of the necessary intention or knowledge to make the thing counterfeit, unless the contrary is...Court has to see is whether one thing is made to resemble another thing, and if that is so and if the resemblance is such that a person might be deceived by it there will be a presumption of the...

...that any one has, in fact, been deceived. It is enough if“the defendant's trade-mark bears such a resemblance to that of the plaintiff's as to be calculated to mislead incautious purchasers, per Lord...one or more single packets of beedies out of them. Such a customer would have two ways of indicating what he wants, either by naming the article or by pointing to it where it is in the shop. The...Curgenven, J.:— The plaintiff is a manufacturer of beedies or Indian cigarettes, which he sells wholesale in packages of a thousand. He sued to restrain the defendant, who is also a...

...the defendants from using a name resembling the name of "The American Shoe Company" on the assertion that the resemblance was such as to represent or lead to the belief that the defendants' business...of a limited company must be excluded from its purview and that notwithstanding that the fact that such a company may be carrying on business in a name or style other than its own, recour...limited company using such corporate name may acquire a right to the protection of that name. The limited company in the above case was "H. E. Randall, Limited." This company started the trade ...

...plaintiff company have become associated in the Indian market with Chadwick Co.; but we are unable to accept the conclusion of the learned District Judge that there is such a resemblance in the name and...(Delivered by Govindarajachari, J.)This is an appeal in a passing off action in the Court of the District Judge of South Arcot. The defendant company against which a decree...granting an injunction, ordering an account, and directing the delivery of the offending labels has been passed is the appellant.The respondent which is a company registered under the...

...by the firm to whom the trademark belongs.'' "It is not necessary to prove that any one has, in fact, been deceived. It is enough if " the defendant's trade mark bears such a resemblance to that of the plaintiffs a...resemblance thereof would of course be prohibited. But true representations as to quality however published have a fair field and no favour in the mercantile world. If the defendant's is a false representation...firm, and no one else has a right to copy it, or even to appropriate any part of it, if, by such appropriation, unwary purchasers may be induced to believe that they are getting goods which were made...

...-mark is an imitation of the other, it is not necessary that there should be a resemblance in every case. It is sufficient if the resemblances are of such a nature as to be calculated to mislead a....—It is not essential to counterfeiting that the imitation should be exact.Explanation 2.—When a person causes one thing to resemble another thing, and the resemblance is such that a...resemblance between them to be remarkable to a degree. The get-up and general appearance of the labels of the accused are so similar to those of the complainant that it is only by a close scrutiny...

...rule can be laid down as to what is or is not a mere colourable variation. All which can be dose is to ascertain in every case as it occurs whether there is such a resemblance as to deceive a purchaser usi...goods contained in any such receptacle so marked, are the manufacture or merchandise of a person whose manufacture or merchandise they are not, is said to use a false trade mark.” The punishment for using...that the imitation should be exact. But a thing is not, ordinarily, said to be counterfeit unless it bears on the face of it the semblance of validity, and is such as to deceive the average person on...

...Registrar of Trade Marks, Bombay, and the Amritdhara Pharmacy, a limited liability company and appellant before us, filed an application in opposition. In this application the appellant stated that...cases (to which the respondent was not, however, a party) given in favour of the appellant in support of its claim of infringement of its registered trade mark “Amritdhara” were filed. A list ...liability company in 1942 and the name “Amritdhara” became a well-known popular name for the medicine. The sale of the medicine went up to about Rs 4 lacs a year. The business was done in Lahore but when...

...and if the resemblance is such that a person might be deceived by it there will be a presumption of the necessary intention or knowledge to make the thing counterfeit, unless the contrary is proved...and wrappers of the Sunlight and Lifebuoy soaps of the company and came to the conclusion that there was resemblance between the two sets of wrappers and labels and that resemblance was so close t...found whether the resemblance in this case was such as might deceive a person. The High Court bad before it the opinions of the Magistrate and the Sessions Judge. Their opinion was to the effect that the...

...connection with the snuff and if similarly fair and normal user is assumed of the existing registered marks, will there be such a likelihood of deception that the mark ought not to be allowed to be...test. The resemblance between the two marks must be considered with reference to the ear as well as the eye. There is a close affinity of sound between Ambal and Andal...Lard Siva and Andal is the consort of Ranganatha. He said that in view of the distinct ideas conveyed by the two words a mere accidental phonetic resemblance could not lead to confusion. In this...

...not the remotest resemblance with a partnership. It would be dangerous to think that any one of them in such a set up has the right to send the company into winding up on the analogy of ...winding up, but in view of section 443 (2) of the Act, he felt that such an order could not be passed, as it was a flourishing company and considerable delay (by then more than ten years) had occurred in...section 206 of the Act, no dividend can be paid by a company in respect of any share therein except to the registered holder of such share or to his order or to his banker. The appellant and her m...

...tiny resemblance of some of the functions performed by this company with the overall activities undertaken by the assessee. Under such circumstances, we fail to appreciate as to how all the above...against the addition on account of transfer pricing adjustment amounting to Rs.72,51,258/-. Briefly stated, the facts of the case are that the assessee is a closely held company with its 99.78% share...expenses amounting to Rs.2.00 crore. In support of its argument for taking such a reduced figure of revenue, the assessee submitted that it paid commission to Voltas India Ltd. amounting to Rs.2.00 crore...

...sale of diesel internal combustion engines and their parts and accessories. Ruston Hornsby (India) Ltd., a company registered in India under the Companies Act, 1956 is a subsidiary of the appellant...goods in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken either—(a) as being used as a trade mark....2. The appellant is a limited liability company incorporated under the English Companies Act with its registered office at Lincoln, England. It carries on business in the manufacture and...

...the court has to see is whether one thing is made to resemble another thing and if that is so and if the resemblance is such that a person might be deceived by it, there will be a presumption of the...original counterfeited. Explanation 2 of Section 28 is of great significance. It lays down a rebuttable presumption where resemblance is such that a person might be deceived thereby. In ...criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof.”The elements of a criminal...

...that as the identification parade was held after a prolonged delay and no person with the resemblance of the features relating to Accused 2 detailed in the FIR was included in the test identification...delay in holding the identification parade, the evidence of the prosecution regarding identity of an accused cannot be held absolutely reliable and in such a case the accused is entitled to the benefit...no doubt in the mind of the court regarding his involvement. Such a parade may not be necessary in a case where the accused person is arrested on the spot immediately after the occurrence. The evidence...

...reconstruction management services. No segment-wise profitability data of these services is available. The TPO has considered this company as comparable on entity level. We find that there is a little resemblance...such, we order for its exclusion from the final set of comparables.(ii) TSR Darashaw Limited.14. The TPO selected this company as comparable. There is no.... Having heard the rival submissions and perused the relevant material on record, we find that this company is a broking and investment banking house. As per its website, TSRDL is one of India's...

...packets are practically of the same size, the colour scheme of the two wrappers are almost the same and the design on both, though not identical, bears such a close resemblance that one can be easily mista...design on both though not identical bears such a close resemblance that one can easily be mistaken for the other. The Supreme Court of India in that case further pointed out: after all, an ordinary...VII Rule 1 of CPC. The plaintiff is a Company incorporated under the Indian Companies act, 1913, engaged tn the production and marketing of tea inter alia. According...

...entity level. We find that there is a little resemblance of the revenue from Tourism & Research studies Rs.41.66 lakh with the overall activities undertaken by the assessee. Under such circumstances, we... 10. A careful perusal of the operations carried out by Apitco Limited deciphers that this company is providing services in the nature of Project report preparation, Technical and economic...similarity of Apitco Limited wanting on entity level with the assessee company. As such, we order for its exclusion from the final set of comparables. ITA No.6828/Del/2015 (ii) TSR...