First suit based on infringement of trade mark and passing off action till date of suit - Second suit regarding continuous acts of infringement of trade mark and passing off action on part of defendant subsequent to filing of earlier suit and which had continued till date of second suit - Not barred.

Citation

AIR 1997 SUPREME COURT 1398

SUPREME COURT

(From : ANDHRA PRADESH)*

DR . A. S. ANAND , J. and S. B. MAJMUDAR , J.

Civil Appeal No. 14610 of 1996 (arising out of S.L.P. (C) No. 221 of 1992), D/- 18 - 11 - 1996

M/s. Bengal Waterproof Ltd v. M/s. Bombay Waterproof Manufacturing Company and Anr.

(B)Civil P.C. (5 of 1908), O.2 R.2(3) - Bar to suit, under - First suit based on infringement of

trade mark and passing off action till date of suit - Second suit regarding continuous acts of

infringement of trade mark and passing off action on part of defendant subsequent to filing of

earlier suit and which had continued till date of second suit - Not barred. C.C.A. No. 112 of

1987, D/- 18-6-1991 (And Pra), Reversed. Trade and Merchandise Marks Act (43 of 1958), S.78

- Copyright Act (14 of 1957), S.51 - Limitation Act (36 of 1963), S.22