https://www.taxtmi.com/caselaws?id=466325 Prior non-disclosure of the applicant's earlier stand before the Trade Marks Registry was material to interim equitable relief, and the Court treated the omission as inconsistent with the duty of full disclosure and clean hands. On infringement, use of "MERCYKIND" in the corporate name did not by itself establish trade mark use, and Section 29(5) was read to require use of the registered mark, or part of it, as the trade name; a merely deceptively similar name was insufficient. The passing off claim also did not justify interim relief on the pleaded facts, and the territorial basis was doubtful. en-us Fri, 06 Jul 2018 00:00:00 +0530 Mon, 02 Feb 2026 20:17:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=466325 Prior non-disclosure of the applicant's earlier stand before the Trade Marks Registry was material to interim equitable relief, and the Court treated the omission as inconsistent with the duty of full disclosure and clean hands. On infringement, use of "MERCYKIND" in the corporate name did not by itself establish trade mark use, and Section 29(5) was read to require use of the registered mark, or part of it, as the trade name; a merely deceptively similar name was insufficient. The passing off claim also did not justify interim relief on the pleaded facts, and the territorial basis was doubtful. Case-Laws Indian Laws Fri, 06 Jul 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=466325