FIRST LAW

Trade Marks Act, 1999 - Ss. 29(8) & 30(1) - Honest Comparative Advertising - Objective of - defendant is not obliged to compare all parameters - Failure to point out a competitor's advantages is not necessarily dishonest -  The test of honest use is an objective test which depends on whether the use is considered honest by members of a reasonable audience.

Trademark - There can be no right to the exclusive use of the word “MALABAR”.

Trade Marks Act, 1999 -  Ss. 2(zb),  2 (m), 2 (2), 2 (3), 29,    30 (2) (e),  33 - I nfringement of registered trade marks -  Effect of acquiescence.