trademark
Bombay HC: Corporate Restructuring and Trademark Rights
The Bombay High Court’s ruling in John Cockerill Hamon SA v. Hamon Cooling Systems addresses a critical issue for corporate law: what happens to trademark rights when a subsidiary is separated from its parent group? Justice Arif S. Doctor held that a licensee cannot claim independent proprietary rights over a mark used under permission. This case serves as a warning for companies navigating post-restructuring brand use, highlighting the dangers of inconsistent pleadings and the legal weight of admissions made before the Trademark Registry regarding prior ownership and brand usage.