A case of infringement of Trade-Mark and Registered Patent Right was settled by the infringers, Messrs. Mullick and Co. of Calcutta, consenting to a decree in the Calcutta High Court. The plaintiffs were Messrs. The Dunlop Rubber Co. Ltd., who are the owners of the Roadster cycle tyre with distinctive marks and a device consisting of embossed studs and lines forming the tread. Evidence was given by members of the tyre trade supporting the plaintiffs’ contention that the tyres in question styled the ‘Pacific’ were a close copy of the Roadster tyre and were sufficient to deceive unwary purchasers. Under these circumstances, the decree restricted Messrs. Mullick and Co. from selling or disposing of any cycle tyres marked ‘Pacific’ and bearing a tread which is a colourable representation of Messrs. Dunlop’s Roadster cycle tyre.
Published - August 01, 2024 03:07 am IST
