2006 (6) TMI 19

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.... manufacture of "Linear Measuring Instruments" [Heading 84.66 of the CETA Schedule] during the material period. In 1994-95 and 95-96, they removed their products after affixing the brand name "AIDEES NE WALL". The department found, on investigations, that "NEWALL" was a brand-name which belonged to the respondents' collaborators M/s. Newall Measurements Systems and, accordingly, the department too....

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....d relies on the Apex Court's judgment in CCE Trichy v. Rukmani Pakkwell Traders, 2004 (165) E.L.T. 481 (S.C.). She has also referred to the Apex Court's judgment in CCE Raipur v. Hira Cement, 2006 (194) E.L.T. 257 (S.C.). There is nobody to oppose this appeal today despite notice, nor is there any request of the respondents for adjournment. In the circumstances, we are inclined to dispose of this ....

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....o say a name or a mark, code number, design number, drawing number, symbol, monogram, label, signature or 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.....

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....ained in the brand-name and the same were enough to establish a connection in the course of trade between the branded goods and the architect of the above brand-name. Accordingly, the benefit of No tification No. 1 /93-C.E. ibid was denied to M/s. Rukmani Pakkwell Traders (SSI unit). The view taken in the above case was followed by the court in the case of Hira Cement (supra) also. 4. In the in....