Chandamama (1956) February
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Ruston Hornsby India Ltd. The respondent is a firm carrying on business in the manufacture and sale of diesel internal combustion engines and their parts. The appellant was a registered proprietor of the registered trade mark Ruston being registration No. Ruston and Hornsby India Ltd. Sometime in June, the appellant came to learn that the respondent was manufacturing and selling diesel internal combustion engines under the trade mark "RUSTAM".
Tuesday, September 12, 2006
On February The appellant took the matter in appeal in the Allahabad High Court. Subject to the provisions of Section 22 , 25 and 26 the registration of a person in the register as proprietor of a trade mark in respect of any goods shall, give to that person the exclusive right to the use of the Trade mark in relation to those goods and, without prejudice to the generality of the foregoing provision, that right shall be deemed to be infringed by any person who, not being the proprietor of the trade mark or a registered user thereof using by way of the permitted use, uses a mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion, in the course of trade, in relation to any goods in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken either-.
The distinction between an infringement action and a passing off action is important. Apart from the question as to the nature of trade mark the issue in an infringement action is quite different from the issue in a passing off action. In a passing off action the issue is as follows :.
Is the defendant selling goods so marked as to be designed or calculated to lead purchasers to believe that they are the plantiff's goods? Is the defendant using a mark which is the same as or which is a colourable imitation of the plaintiff's registered trade mark?
It very often happens that although the defendant is not using the trade mark of the plaintiff, the get up of the defendant's goods may be so much like the plaintiff's that a clear case of passing off would be proved. It is on the contrary conceivable that although the defendant may be using the plaintiff's mark the get up of the defendant's goods may be so different from the get up of the plain-tiffs goods and the prices also may be so different that there would be no probability of deception of the public.
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Can you please reupload the following files again as the download links had expired. You may request others visitors to send you links if they have downloaded these. Thanks Parishi for this and the other recent comics! Sandeep, I can simply email any that I have I'm fairly certain I have them all to you, or upload on google drive and send you the link. Hello Sridhar Can you please sent me the above files in my email or upload the above files in google and sent me the link, either way. Cause I am really starving for those rare gems from parishi.
I really appreciate your effort. My email is sandeepray77 gmail. If you have something you want, ask, and if i have it, i will post. My only regret is not downloading the Chandamamas from their archive when they were open for download.
Old Comics world: Chandamama (Jul)
This has to be the biggest blunder I've ever made. If someone has the entire set, or if Chandamama reprints these, i would even be happy to buy them. Hello Sridhar Thank you for your kind generousity for sharing these comics with me. I am really grateful to you. Just give me 24 hrs and I will collect all the mediafire links for those files and I will post them here. Thanks again for your effort. Dear Sandeep, Thank you for your generous offer.
If you could share them, I will be forever grateful. I did collect about of them in multiple languages though, including Bengali, Telugu even though i don't read these! If I'm not mistaken, there was even a script that someone wrote and shared to download the Flash? Dear sabyasachi, if you have any specific requests, please let me know.