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Supreme Court of India 2019-07-22 allowed

U.C. SURENDRANATH vs MAMBALLYS BAKERY

Bench: 2 — R. Banumathi, A.S. Bopanna

In Brief

U.C. Surendranath was accused of willfully breaching an interim injunction by using Mambally's Bakery trademark and selling products with it. The Trial Court sentenced him to one week civil imprisonment for willful disobedience. The Supreme Court set aside the conviction, finding that on the date of the second Commissioner inspection, the goods were sold without wrappers/labels (thus not using the trademark), and the non-removal of a high hoarding was reasonably explained by the appellant's disability and labour scarcity. The Court held that willful disobedience requires intentional breach, which was not established here.

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Intellectual Property Trade Marks Passing Off Interim Injunction Civil Procedure Willful Disobedience

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