2004 (10) TMI 197

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....mber (J) (Oral)]. - This appeal arises from OIA No. 577/2001 dated 4-9-2001 passed by the Commissioner (Appeals). The short question that arises for consideration is as to whether the appellants are entitled to SSI Benefit of Notification on their using the foreign brand name 'BILZ', The said brand name has been assigned to them under the Agreement, for exclusive use in the territory of India. The....

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....ion of the submissions, we notice that there is no dispute in this appeal with regard to the Agreement entered into by the appellants with the foreign collaborator by which they get exclusive rights to use the brand name 'BILZ'. There is no other claimant who has been assigned with this brand name. Therefore, the ruling of the Apex Court, in the case of CCE, Ahmedabad v. Vikshara Trading & Investm....

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....ter shall stand remitted to the Tribunal for fresh consideration in accordance with law. The appeal is allowed in respect of respondent No. 2 2. Insofar as M/s. Vikshara Trading & Investment Pvt. Ltd. is concerned, the only question raised before us is that originally, the trade mark had been registered by one Shri Shantilal P. Jain and Subodh S. Shah of Calcutta in respect of certain detergent....

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..../87-C.E., dated 22-9-1987 was applicable. When as a matter of fact it is held that there was an assignment in favour of the first respondent and that fact was not in serious dispute the mere fact that the assignment was not registered could not alter the position. Therefore, we decline to interfere with the order made by the Tribunal and to that extent the appeal is dismissed in respect of respond....