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TMI Blog2017 (10) TMI 71X X X X Extracts X X X X X X X X Extracts X X X X ..... ater Works' and trade mark mentioned in the said agreement would remain vested in all the parties including the appellant and the appellant was also allowed to use the same. Appeal allowed - decided in favor of appellant. - Excise Appeal No.60187–60190 /2013 - A/56001-56004/2017-EX[DB] - Dated:- 21-7-2017 - Mr. (Dr.) Satish Chandra, President And Mr. V. Padmanabhan, Member (Technical) Shri Prabhat Kumar, Advocate for the Appellants Shri H C Saini, AR for the Respondent ORDER Per: (Dr.) Satish Chandra The present appeals have been filed against order-in-appeal No.102-103/2013 dated 30.8.2013 as well as order in appeal 104-105/13 dated 30.8.2013. The demand was raised in the original order for ₹ 4,7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in it was mentioned that when the brand name was changed in pursuant to agreement between the parties, it cannot entitled the party to contend that it ceased to be the brand name of another person or that it would become an exclusive brand name of manufacturer. There was no agreement in which by way of surrender of their right, son along with all children become partners when the father has retired from the partnership firm due to age. So the ratio is not applicable in the instant case. 6. After considering the rival submissions and on perusal of record, it appears that Hon ble Supreme Court in the case of Kali Aerated Water Works Vs. CCE, Madurai [2015(320)ELT692(SC)] observed that: 4. It is clear from the above that the trade na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -4-1994 and hence no motive can be attributed against the appellant in respect of the Mutual Agreement. I have read the entire contents of Mutual Agreement. I find that Mr. K.P.R. Sakthivel is also a party to the said Mutual Agreement and no royalty is also payable to the said K.P.R. Sakthivel. Even Mr. K.P.R. Sakthivel has specifically agreed that he cannot use the brand name in the marketing area of the appellant. Thus there seems to be recognition of individual proprietary rights over the brand names within the respective specified marketing area. The nature of succession of the proprietary rights of the brand names have also been clearly dealt with. It clearly establishes that the appellant and the male descendants are alone are entitle ..... X X X X Extracts X X X X X X X X Extracts X X X X
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