Page 218 - مجلة الملكية الفكرية العدد كامل
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العدد الثالث- مجلة ثقافة الملكية الفكرية
ymous with washing ma- ognition of the doctrine of
chines and other such trans-border reputation and
electrical appliances of the trademark squatting in In-
respondents, the people in- dia42.
tending to buy their goods
will most likely be confused Egypt:
or deceived if the appel-
lants continue to sell their The court halted the trade-
goods under the same mark mark registration procedures
‘whirlpool’. If the appellant due to bad faith43: Since the
is allowed to sell his goods plaintiff company was the
under the same mark then first to use its trademark in
the respondents might suffer the Arab Republic of Egypt,
heavily as the goods sold by through its agent - the de-
the appellants are of infe- fendant - which was ac-
rior quality than that of the knowledged by the defen-
respondents. Based on the dant in the memorandum
above-mentioned grounds, of understanding. But it did
the Apex Court upheld the not abide by that agree-
decision of the Delhi High ment and proceeded to reg-
Court and dismissed the ap- ister the mark in its name.
peal with a cost of Rupees After the plaintiff company
10,000. turned to another Egyptian
This case has thereby set 42 Archi Bhatia, op.cit.
a precedent for the rec- 43 Appeal No. 28008 for the year 56
BC. Supreme Administrative Court.
Fifth arrondissement. Saturday ses-
sion, June 4, 2011 AD.
218
