Trademark—bad faith–deceptive conduct—opposition to registration—transfer of business—covenant not to compete—dishonest motive—no evidence in reply–failure to refute opponent’s claims—attempt to reacquire trademark rights via new company—registrar finds fraudulent intent–application refused—costs
Company Law – Shareholder Rights – Illegal Endorsements – Company Register – Rectification of Register – Fraudulent Share Transfer – Sale of Company Property – Registrar’s Powers under SI No. 71 of 2016 – Beneficial Ownership – Digital Company Records – Forgery of Signatures
Trademark Law – likelihood of confusion – visual, conceptual, and Phonetic Comparison – test of overall impression – importance of color combinations – double similarity requirement
Company Law—Rectification of Company Register—fraudulent alteration of shareholding and directorship—Sections 9, 10, 16, 83, 144, 148 of the Companies Act—Regulation 8 of the Companies (Powers of the Registrar) Regulations SI No. 71 of 2016—no proper instrument of transfer—lack of notices, meetings, or minutes—unauthorized amendment of memorandum and articles—Registrar empowered to expunge misleading, illegal entries—application for rectification allowed
Company law—shareholder rights—fraudulent allotment of shares—illegal resolutions—forge signature—powers of Registrar to expunge entries—removal of director nullified—each party to bear own costs
Company law—shareholding—directorship—forgery—alteration of company records—unauthorised share transfer—powers of Registrar—rectification of register—lack of consent—remedies—expungement of forged documents.
Trademark—cancellation—prior application—registration in error—likelihood of confusion—same mark, same services—priority rule—territoriality—amendment of class—statutory protection—entry wrongly remaining—trademark rectified—costs
Company law—oppression of minority shareholders—equitable relief—corporate governance—share valuation—exit mechanism for shareholders—jurisdiction of the registrar of companies—costs
Company Law—Membership in company limited by guarantee—Section 45 Companies Act—Original subscribers to memorandum—Improper executive committee appointments—Non-compliance with Articles—Amendments invalid without special resolution—Data update irregularities—Remedies: Expunging defective resolutions and forms, order for General Meeting to appoint executive committee in 60 days.
Companies—transfer of shares—proof of valid transfer—resolution requirements—rectification of register—burden of proof—inheritance rights—data validation errors—partial rectification—costs
