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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