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PETITIONER: THE STATE OF UTTAR PRADESH
Vs.
RESPONDENT: HAFIZ MOHAMMAD ISMAIL ANDHAFIZ JAWED ALI
DATE OF JUDGMENT: 09/02/1960
BENCH: WANCHOO, K.N. BENCH: WANCHOO, K.N. IMAM, SYED JAFFER SHAH, J.C.
CITATION: 1960 AIR 669 1960 SCR (2) 911
ACT: Criminal Trial-Counter feit trade mark-Wrappers and labels of soap made to resemble those of another soap-if Counter feit Indian Penal Code, 1860 (XLV of 186o). SS. 28 and 486.
HEADNOTE: The respondents were found selling counterfeit Sunlight and Lifebuoy soaps and were prosecuted under s. 486 of the Indian Penal Code. The Magistrate found that the resemblance between the wrappers and labels in which the soaps were being sold and those of the genuine soaps was such that a person may be deceived by it and convicted the respondents. An appeal to the Sessions judge was dismissed. On revision the High Court held that the wrappers and labels were mere colourable imitations of the genuine trade mark, but were not counterfeit and acquitted the respondents. 116 912 Held, that the wrappers and labels were counterfeit of the genuine wrappers and labels of Sunlight and Lifebuoy soaps.order to prove that the wrappers and labels were counterfeit within the meaning of s. 28 of the Indian Penal Code read with Explanation 2 thereof the Court had to decide (i) whether the wrappers and lab...