1999 (2) TMI 295

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..... Briefly stated facts of this case are as follows :- 1.1. The appellants herein manufacture electric fans having a brand name Delite . It is admitted to both sides that Delite is a brand owned by the manufacturers, the appellants herein. However, the fan also carries a metal plate giving the following information :- MANUFACTURED BY OM ENTERPRISES 35/36, AGAR MAHABAR WADI JUNNAR, PUNE .....

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..... ombay can at all be treated as a brand or trade name in terms of the definition of the said expression in Explanation VIII to Notification 175/86-C.E. This writing merely gives an information that marketing and servicing is done by Rallis India Limited. It can by no stretch of imagination be treated as symbol, monogram, label, signature or invented word or writing which is used in relation to such .....

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..... gly, we set aside the impugned order and allow the appeal with consequential relief to the appellants. Before we part with this case, we observe that the reliance placed by the learned SDR on Tribunal s judgment in the case of Super Star Welding Industries Ltd. reported in 1994 (71) E.L.T. 443 has no application in the facts and circumstances of this case. In the said case, the manufacturer, namel .....

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