The Supreme Court recently had the opportunity to adjudicate upon a case related to S.35 of the Trademarks Act. The case was between two separate firms consisting of members from the same family, sharing the same surname – ‘Rakyan’. These firms were each engaged in the business of selling jewellery and precious stones which was also a family business and there were other family firms that were also involved in the same business. The parties’ shops were also “abutting” each...
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