Wednesday, 11 December 2013

'Kohinoor' rice Trademark case

Imposing geographical restrictions on the sale of goods with disputed trade mark would be unjust, the Supreme Court remarked while dismissing the appeal of Satnam Overseas against the Delhi High Court judgment in its dispute with rival Sant Ram & Co. Satnam moved an application before the registrar with regard to the trade mark 'Kohinoor' rice and he allowed the product to be sold in six cities of Uttar Pradesh. The dispute was taken to the Delhi High Court, which allowed Sant Ram to sell its rice in the entire state. Satnam appealed to the Supreme Court, which rejected its argument that the high court was wrong. The judgment said that restricting the trademark to a few cities would create a lot of complications and litigation as to the exact boundary of a particular or district. It would also be impossible for Sant Ram to ensure that its products are not sold to retailers outside the six cities.