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TRADEMARK FIGHT OVER IRUTTUKADAI HALWA


Posted By Sarthak on 28 May 2018

S. Syed Mohideen Vs. P. Sulochana Bai [2016 (66) PTC 1  (SC)]

A Halwa Shop from Tirunelveli in Tamil Nadu called 'Iruttu kadai Halwa' fought right till the Supreme Court to protect its brand.

Respondent registered owner of trademark 'Iruttukadai Halwa'. Appellant opened a shop in the name of 'Tirunelveli Iruttukadai Halwa'.

Supreme Court observed that:

> Rights conferred by registration are subject to the rights of the prior user of the trademark.

>Passing off rights are considered to be superior to that of registration rights.

>Registration merely recognizes the rights which are already pre-existing in common law and does not create any rights.

>The latter user of the mark/name or in the business cannot misrepresent his business as that of business of the prior right holder.

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