C.N. BRAHMIAH AND OTHERS Vs. B. NARAYANASWAMY

JUDGEMENT

(1.) THE petitioners are convicted under Section 68, the Mysore Trade Marks Act, 1944 for having falsely published a Trade Mark as "registered" when it was not so registered, and sentenced to pay a fine of Rs. 10/ - each, by the First Class Magistrate, Civil Area, Bangalore.

(2.) A concern run by the petitioners under the name and style of "Raja Soap Factory", manufacturing washing soaps in Mysore City put up goods in the market for sale. The complainant indented in August 1950 for the supply of soaps and found on the packages supplied trade labels of the pattern of Ex. P -3 displayed thus:

(3.) THE Trade Marks Act, 1944 (hereinafter referred to as the "ACT") which extends to the whole of Mysore received the assent of His Highness the Maharaja on 31.7.1944; some portions of the said Act came into force immediately; it was provided in Section 68 of that Act that it would be applied from such date, not being earlier than one year from the commencement of the Act as the Government may by notification in the Official Gazette appoint in that behalf. In pursuance of the said requirement, a notification was duly published in the Official Gazette, dated 13.5.1948, appointing 1.7.1948, to be the date of its enforcement. The Act was thus brought into force in its entirety on and from 1.7.1948 in the whole State of Mysore and it is not denied that the petitioners would become liable for false representation in Mysore City, if prosecuted there.