2014 (8) TMI 528

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....m order passed in a civil suit, the appellants-original defendants have approached this Court by way of this appeal. 3. The matter has arisen under the provisions of the Trade Marks Act, 1999. It is an admitted fact that the partners of the plaintiff as well as the defendant firms belong to the same family sharing a common surname - "Rakyan". 4. The defendants are dealing in jewellery, which....

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....d order, the defendants i.e. the present appellants have been restrained from doing their business in the concerned name and therefore, the appellants have approached this Court. 6. It is an admitted fact, as stated hereinabove, that the partners of the plaintiff as well as defendant firm being to one family and they are in the business of jewellery and they have got a large family and there ar....

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....oper in view of provisions of Section 35 of the Act, which read as under :- "35. Saving for use of name, address or description of goods or services. - Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of bus....

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....ocutory order passed by the Court below is not just and proper in view of the provisions of Section 35 of the Act. 10. As stated hereinabove, Section 35 of the Act permits anyone to do his business in his own name in a bona fide manner. In the instant case, it is not in dispute that the defendants are doing their business in their own name and their bona fides have not been disputed. It is also....