Buyer hereby authorizes the manufacturer to use and affix the said trade mark to the products which are sold to the buyer in accordance with the specifications of the Buyer.
The licence granted to the appellant to use the trade mark is number transferable.
to the appellant on Original Equipment Manufacture basis, as per the specifications of the appellant.
Heard learned companynsel for the parties and perused the record.
J U DG M E N T Arising out of Special Leave Petition Civil No.
On 4.2.2003, the appellant entered into an agreement with M s. Applicomp India Limited for short Applicomp or the Manufacturer under which Applicomp agreed to manufacture and supply electronic products and electrical appliances such as Refrigerators, Washing Machines, Air Conditioner, etc.,
The appellant is the Licensee and registered user of the trade mark Whirlpool in terms of the Trade Mark Trade Name Licence Agreement dated 24.2.1995 executed between M s. Whirlpool Corporation, USA, which is stated to be the proprietor and owner of the said trade mark and the Appellant.
The appellant is a registered dealer under the Karnataka Sales Tax Act, 1957 KST Act for short .
15138/2004 MARKANDEY KATJU, J. Leave granted.
Relevant portions of clauses 4, 5 and 6 of the agreement are extracted below The manufacturer is exempted from payment of Sales Tax for the goods manufactured at its factory at Hosur Road, Attibele The buyer hereby warrants that the Buyer is the owner of all rights in the trade mark Whirlpool and has the exclusive right to use the said trade mark in India.
This appeal has been file against the judgment of a Division Bench of the Karnataka High Court dated 20.1.2004 in STA No.70 of 2003, by which the appeal was dismissed.
