In Renaissance Hotel Holdings Inc v B. Vijaya Sai (Supreme Court, 2022), concerning 'RENAISSANCE' and…
The Court said that unless "all the three conditions are satisfied" a suit under section 29(4) fails, whereas for section 29(2) "it is sufficient that any of the conditions…
Choose your answer
In Renaissance Hotel Holdings Inc v B. Vijaya Sai (Supreme Court, 2022), concerning 'RENAISSANCE' and 'SAI RENAISSANCE' for hotel services, the Court contrasted sections 29(2) and 29(4) of the Trade Marks Act, 1999. Which statement reflects its view?
Answer and explanation
Correct answer D
The Court said that unless "all the three conditions are satisfied" a suit under section 29(4) fails, whereas for section 29(2) "it is sufficient that any of the conditions as provided in clauses (a), (b) or (c) is satisfied". Since the services here were similar, the High Court was wrong to look into the plaintiff's reputation, which matters only under section 29(4), the provision for dissimilar goods or services.
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