1997 (9) TMI 277

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....same. 2. As far as Appeal No. 1373/89 is concerned, it is the case of the department that the appellants are using the brand name of another company by using the following words while marketing their products :- MANUFACTURED IN INDIA BY NIPA CHEMICALS LTD., In Collaboration with Nihon Parkerizing Co. Ltd., Japan. 46, Garuda Buildings, Cathedral Road, Chennai-600086. MARKETED IN INDIA BY Goodlass Nerolac Paints Ltd., GANPATRAO KADAM MARG, LOWER PAREL, MUMBAI-400013. FOR INDUSTRIAL USE ONLY 3. In Appeal No. E/1374 the case of the department is that the appellants are using the following brand name of another company who is not entitled for the benefit of Notification No. 175/86 :- Manufactur....

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....e said Notification No. 175/86. He pointed out that the appellants only stated that these products are manufactured in collaboration with "NIHON PARKERIZING CO. LTD., JAPAN" which is marketed by "GOODLASS NEROLAC PAINTS LTD." of Bombay in India and they do not come within the purview of definition of brand name. He stated that these words which are used by the appellants do not come within the purview of Name or Mark, such as symbol, monogram, label, signature or invented word or writings which is used in relation to the specified goods. He, therefore, pointed out that the impugned orders are not in accordance with law and the denial of the benefit of Notification 175/86 is not legal and proper. 6. Heard the learned JDR Shri S. Muru....

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....tered or not, that is to say a name or a mark, such as symbol, monogram, label, signature of invented word or writing which is used in relation to such specified goods for the purpose of indicating, or so as to indicate a connection in the course of trade between such specified goods and some person using such name or mark with or without any indication of the identity of that person." 8. It is therefore seen what is essential is that the appellants should use any name or mark so as to indicate a connection in the course of trade between such specified goods and some person using such name or mark. 9. It is further mentioned in the above said explanation by stating that the name or a mark means a symbol, monogram, label, sig....

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....in writing; chronicle, make record or account of; convey (message, information, etc.) by letter; engage in writing or authorship; produce writing; ~ down, set down in writing; write in disparagement or depreciation of; reduce (total, assets, etc.) to lower amount; ~ off, record cancelling of (bad debt, depreciated stock, etc.); reckon as lost or worthless; ~ - off (n.) something that must be regarded as total loss or wreck, failure; ~ out, make written copy of; transcribe in full or detail; ~ up, write full account or record of; give full or elaborate description of; commend by appreciative writing, praise in writing; ~-up (n.) review or report. wri'ting (r-) n. (esp.) Written document; (piece of) literary work; personal script, handwrit....