LAWS(DLH)-1985-11-21

GLOBE SUPER PARTS Vs. BLUE SUPER FLAME INDUSTRIES

Decided On November 07, 1985
GLOBE SUPER PARTS Appellant
V/S
BLUE SUPER FLAME INDUSTRIES Respondents

JUDGEMENT

(1.) This case relates to SUPERFLAME. What would be required to be determined in this case, is whether any proprietary rights can, or have been acquired in the word/name SUPERFLAME.

(2.) A "Trade Mark'" is defined in S. 2(v) of the Trade and Merchandise Marks Act, 1958 thus (v) "trade mark" means

(3.) It is not asserted by the plaintiff in this suit that SUPERFLAME is a "registered trade mark". SUPERFLAME not being a registered trade mark, the instant suit cannot be an "infringement" action, and it is conceded to be a "passing off action.