Supreme Court Upholds Conviction in Trademark Infringement Case; Limitation Under Section 92 Runs from Date of Offence Charged Not First Discovery. The Court ruled that Section 92 of the Trade and Merchandise Marks Act, 1958 uses 'offence charged' and 'discovery thereof', not 'first discovery', so prosecution filed within three years of the specific offence was not barred....
The appellant, Ram Kishore, a trader in chewing tobacco at Varanasi, was prosecuted for offences under Sections 78 read with 77 and 79 of the Trade and Merchandise Marks Act, 1958. The complainants, M...
