2011 (9) TMI 348

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t as it only bears the monogram crown which has not been established to be belonging to somebody else so as to be treated as a branded product - As such the judgment of the High Court holding n its judgment in the case - KALI AERATED WATER WORKS Versus UNION OF INDIA [1994 -TMI - 43958 - HIGH COURT OF JUDICATURE AT MADRAS] held that the brand names / trade names Bovonto, Trio, Sola, Frutang etc. w .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the brand name of Kali Mark on such drinks but contend that club soda is not a branded product as it only bears the monogram crown which has not been established to be belonging to somebody else so as to be treated as a branded product. However, we find that Kali Mark, the assessees herein and others had challenged the constitutional validity of the notification which challenge was negatived by th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... elves and on their own account after affixing and using the brand/trade name registered in the name of K.P.R. Sakthivel. The finding of the court also includes club soda . No exception has been made by the High Court as regards the product club soda . Therefore, it is not open to the appellant to now argue before the Bench that since club soda only bear the monogram crown which the Department has .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X