DAIMLER BENZ AKTI Vs. HYDO HINDUSTAN

JUDGEMENT

(1.) I have heard the counsel for the defendant in extenso. Counsel for the defendant has referred to a large number of cases as to why the injunction should be refused in this case. The mark and word in the instant case is "Benz" and "Three Pointed Human Being in a Ring".

(2.) The word "Ben?" has been associated with a Car ever since I remember. This car had a device upon it; a three pointed star in a circle/ring. Both, the name and the device, have always, in my memory, been inextricably linked. I am unable to ignore this connection/ It was, however, registered in India in 1951, It is one of the most famous marks of the world.

(3.) I think it will be a great perversion of the law relating to Trade Marks and Designs, if a mark of the order of the "Mercedes Benz", its symbol, a three pointed star, is humbled by indiscriminate colourable imitation by all or anyone; whether they are persons who make undergarments like the defendant, or any one else. Such a mark is not up for grabs-not available to any person to apply upon anything or goods. That name which is well known in India and world wide, with respect to cars, as is its symbol a three pointed star.