2016 (5) TMI 1215

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....Mr. Prince Chauhan, Advocate, Mr. Rahul Mahajan, Advocate ORDER Mansoor Ahmad Mir, Chief Justice. (Oral) Mr. Rajiv Jiwan, learned counsel for the appellant, stated at the Bar that the question involved in this appeal has already been determined by the High Court of Gujarat at Ahmedabad in the case titled as Commissioner of C. Ex. & Customs versus Saurashtra Cement Ltd., reported in 2010 (260) E....

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....its trademark ROFOL in Class V on 14.9.2001 relating back to the date of its application viz. 19.10.1992. It contends that the circumstances as on the date of its application are relevant, and on that date, the Plaintiff-Respondents were not entities on the market. However, the Defendant-Appellant has conceded that it commenced user of the trademark ROFOL only from 16.10.2004 onwards. Furthermore,....

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.... Unless restraint is displayed, judicial bedlam and curial consternation would inexorably erupt since an unsuccessful litigant in one State would rush to another State in the endeavour to obtain an inconsistent or contradictory order. Anarchy would be loosed on the Indian Court system. Since the Division Bench of the Bombay High Court is in seisin of the dispute, we refrain from saying anything mo....