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Solution when both parties have same registered trade mark where there is prior usage

IN THE SUPREME COURT OF INDIA S. Syed Mohideen v. P. Sulochana Bai 2015 (2) RCR (Civil) 810 Decide on: 17.03.2015 Respondent was a registered owner of trade mark ‘Iruttukadai Halwa’. Respondent was in the business of selling halwa in the aforesaid name since 1900 through it’s father-in-law. When Respondent found that Appellant was also selling halwa under the trade name ‘Iruttukadai Halwa’, she filed suit for declaration, permanent injunction and other reliefs on the ground that the Appellant had adopted deceptively similar trade mark to confuse the consumers. Respondent’s suit was decreed by the trial court on 20.04.2011. Appellant filed an appeal against the said decree before the High Court of Madras. High Court dismissed the appeal vide judgment dated 07.06.2013. Against the said judgment, the Appellant filed the present appeal before the Supreme Court. Appellant’s Contentions: It was not open to the Respondent to claim that the halwa manufactured in their shop a...