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Showing contexts for: Walmart in Walmart Apollo Llc vs Shah Jahan on 27 April, 2022Matching Fragments
11. I.A. 6423/2022 is disposed of.
CS(COMM) 266/2022 & I.A. 6421/2022 (for stay)
12. The present suit for permanent injunction has been filed by the Plaintiff seeking to protect its rights in the mark 'WALMART'/ 'WAL- MART' which is used by it for retail services internationally. The Plaintiff is a Fortune 500 company. The adoption of the Plaintiff's mark is of the year 1962 and the word has also been used as a part of the corporate name and trading style since 2007 in India. The Plaintiff claims to have multiple registrations for the mark 'WALMART/'WAL-MART' for various goods and services under Classes 39, 16, 35 and 42.
14. Ms. Salhotra, ld. Counsel submits that the Plaintiff has been registered in an identical class, i.e. Class 39 which includes transport and logistics, and it is entitled for protection of the mark 'WALMART' which is a very distinctive brand. She submits that the use and adoption of the trade mark 'WALMART MARINE SERVICES' by the Defendant is dishonest and a clear attempt to ride upon the immense reputation and goodwill of the well- known mark of the Plaintiff.
I.A. 6422/2022 (for appointment of Local Commissioner)
19. This is an application filed by the Plaintiff seeking appointment of a Local Commissioner. Considering the case of the Plaintiff, as recorded above, and also the fact that it is necessary to ascertain the extent of use of the mark and name 'WALMART MARINE SERVICES' by the Defendant, Mr. Harish V. Shankar, ld. Advocate [M: 9810788606] is appointed as a Local Commissioner to visit the premises of the Defendant at Walmart Marine Services, SR. Tower, # 3rd Floor, 14, 4th Lane North Beach Road, Chennai-600001 in order to carry out the following tasks:
i) To ascertain the exact date of the adoption of the mark 'WALMART MARINE SERVICES' by the Defendant as part of his trading style;
ii) To ascertain the extent of use of the mark 'WALMART MARINE SERVICES' by the Defendant. For the said purpose, the Defendant shall provide access to its accounts, whether in computerized form or in physical form. If there are any passwords, the same be revealed to the Local Commissioner so that the accounts can be accessed;