LAW FOR ALL

Sec.35 of Trade Marks Act, 1999. - Suit for injunction restraining the defendant from doing business in the same surname of the plaintiff - Lower court granted interim injunction - Apex court held that Section 35 of the Act permits anyone to do his business in his own name in a bona fide manner. In the instant case, it is not in dispute that the defendants are doing their business in their own name and their bona fides have not been disputed. It is also not in dispute that the plaintiff and defendants are related to each other and practically all the family members are in the business of jewellery. We have perused the hoardings of the shops where they are doing the business and upon perusal of the hoardings we do not find any similarity between them. In our opinion, looking at the provisions of Section 35 of the Act, there is no prima facie case in favour of the plaintiff and therefore, the defendants could not have been restrained from doing their business. We, therefore, quash and set aside the impugned order granting interim relief in favour of the plaintiff and the appeal is allowed with no order as to costs.= CIVIL APPEAL NO.7191 OF 2014 (Arising out of SLP(C)No.9942 of 2013) Precious Jewels & Anr. … Appellants Versus Varun Gems ..Respondent = 2014 - Aug.Part - http://judis.nic.in/supremecourt/filename=41802