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M/S DHANVARSHA OIL MILLS PVT LTD VS M/S HARI INDUSTRIESHARI OIL MILL

Rajasthan High Court · 19 May 2026

Open in Nyaya
Court
Rajasthan High Court
Bench
Jaipur
Date
19 May 2026
Citation / case number
CFA / 283 / 2016

Summary

The appellant sought setting aside of the decree restraining use of “METRO ENGINE” for alleged infringement of “ENGINE” under the Trade Marks Act, 1999. HELD- The plaintiff failed to establish locus, prior use, goodwill and reputation; Section 31 registration was only rebuttable prima facie evidence, burden could not shift to defendant, and deceptive similarity was inadequately reasoned. Decree quashed; suit remanded for de novo adjudication with liberty to lead evidence.

Source: official court website · checked 4 Oct 2026 · Check the court's copy

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