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of <h1>Court rules on trademark rights acquisition and infringement, grants injunction in favor of plaintiffs.</h1> <h3>K.M. Oosman and Co. alias K.M. Khadir Brothers by Managing Proprietor, K.M. Oosman Sahib and Anr. Versus K. Abdul Malick Sahib and Ors.</h3> The Madras High Court analyzed the validity of trade mark assignments and acquisition of rights in two cross suits. The court held that the plaintiffs in ... - Issues:1. Validity of the assignment of trade marks in two cross suits.2. Acquisition of right to trade marks by the respective parties.3. Application of legal principles regarding trade marks and goodwill.4. Estoppel based on acquiescence in using trade marks.In the judgment by the Madras High Court, two cross suits (O. S. Nos. 13 of 1944 and 14 of 1944) were filed by parties seeking declaration of their title in trade marks and an injunction against interference with their rights. The suits originated from a partnership between K. A. Kadir Sahib and S. A. Sattar Sahib, conducting business under the name 'S. A. Sattar and K. A. Kadir and Co.' After Sattar Sahib's death, a suit was settled by arbitration, resulting in the sale of trade marks to Zuleika Bibi, later sold to Abdul Waheb Sahib and eventually purchased by the plaintiff in O. S. No. 14 of 1944. The plaintiffs in O. S. No. 13 of 1944 claimed rights to the 'original lion 7' trade mark used in a new business after the dissolution of the partnership. The District Judge held that the plaintiffs in O. S. No. 14 of 1944 did not acquire legal title to the trade marks, while recognizing the plaintiffs' right to the trade mark in O. S. No. 13 of 1944. The appeals arose from these decisions.The court analyzed the law on trade marks, emphasizing that a trade mark is a warranty of origin or trade association of goods, with assignment validity principles outlined in legal precedents such as 'Lacteosote Ltd. v. Alberman'. It was established that a trade mark cannot be assigned separately from the goodwill of the business to which it is attached, as seen in 'Edwards v. Dennis'. The court considered the argument that the trade marks were not validly assigned due to the absence of goodwill transfer, ultimately agreeing with the lower court that the plaintiffs did not acquire legal title to the trade marks.Regarding the defendants' alleged derogation from their grant, the court distinguished the case of 'Jenings v. Jenings', emphasizing that in the present case, only the trade marks were conveyed, not the goodwill. The argument of estoppel based on acquiescence was also addressed, citing 'Mohideen Bawa v. Rigaud Perfume Manufacturers' and legal principles requiring proof of ignorance of rights and detrimental reliance. The court found no evidence of acquiescence by the defendants in this case.In the analysis of the trade marks in question, the court compared the plaintiffs' trade mark with the disputed marks, noting differences in design, color scheme, and details. It was concluded that the defendants' use of a trade mark was a clear imitation of the plaintiffs' mark, leading to the decision that the defendants had no right to the 'Rising Sun' trade mark. The court upheld the lower court's declaration of the plaintiffs' title in the trade mark and issuance of an injunction against the defendants.In conclusion, the court dismissed one appeal with costs and upheld the lower court's decision in the other appeal without costs, based on the detailed analysis of the validity of trade mark assignments, acquisition of rights, application of legal principles, and absence of estoppel through acquiescence.
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