TILAKNAGAR INDUSTRIES LTD. Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present dispute pertains to registration in West Bengal for manufacture and sale of foreign liquor under the Brand Name 'Mansion House', which the petitioner has allegedly been carrying on in India since April, 1983, openly and without any objection from any quarter.

(2.) The UTO Nederland B.V. (in short, 'the UTO') allegedly ceded in writing its trademark rights for sale and manufacture of the said brand to the petitioner on February 23, 1987.

(3.) UTO, on the other hand, had applied for registration of the trademark on April 5, 1983, for sale in India, and got it subsequently.