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TMI Blog1993 (11) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... pointed star in a circle/ring. Both, the name and the device, have always, in my memory, been inextricably linked. I am unable to ignore this connection. 4. It was, however, registered in India in 1951. It is one of the most famous marks of the world. 5. I think it will be a great perversion of the law relating to Trade Marks and Designs, if a mark of the order of the Mercedes Benz , its symbol, a three pointed star, is humbled by indiscriminate colourable imitation by all or anyone; whether they are persons, who make undergarments like the defendant, or any one else. Such a mark is not up for grabs -- not available to any person to apply upon anything or goods. That name which is well known in India and world wide, with respect to c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exist in this country, and commonly, almost every one knows what a doctor means, what he does. This case cannot have a parallel with respect to word like Benz for the reason explained above. 10. The next case relied upon by Counsel is 1980 Rajdhani LR 263. This case relates to the word Matador . The word Matador is English version, (of perhaps) a Spanish word. Matadors are persons who fight bulls. Bull fighting is a sport in Spain. The word Matador has no Indian implication. It was used upon certain type of combs. Those were imported in India. Most people did not use this type of comb. It was like other combs. It certainly did not have the same kind of repute as is enjoyed by Mercedes Benz car. I do not think that reputation of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other parts of the world. In India, condoms were also being sold under the name Durex . The Court in the facts of the case, accepted that it was honest concurrent user. I do not think cases of concurrent user can be applied with reference to mark and names like Benz . 13. Yet another case cited by counsel for the defendant, is reported as (1977) 1 Del 389 (Wipperman JR Gmbh v. Wiper drive Engineering), of a single Judge of this Court. In this case, the mark Wipperman was registered. The registered owner did not take any steps. Therefore, the Court did not grant injunction. The Court found that the applicant had acquiesced in the respondent carrying on the business under the offending mark for more than five years. 14. There are ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... significant world wide renowned name/ mark as is being done in this case despite notice dated 09-12-1989, there cannot be any reason for not stopping the use of a world reputed name. None should be continued to be allowed to use a world famed name to goods which have no connection with the type of goods which have generated the world wide reputation. 18. In the instant case, Benz is a name given to a very high priced and extremely well engineered product. In my view, the defendant cannot dilute, that by user of the name Benz with respect to a product like under-wears. 19. Counsel for the defendant seeks three weeks time to dispose of the existing stock. In my view, Hybo Hindustan is an established concern. It ought not to have ado ..... X X X X Extracts X X X X X X X X Extracts X X X X
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