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Showing contexts for: "or" as conjunctive in Nimesh Jivanlal Shah vs Kamlesh Jivanlal Shah And Anr on 4 February, 2020Matching Fragments
9. There remains the question of the Nikasu Lab business. Both Nimesh and Kamlesh seek the right to carry on that business in that name. It is not possible to allow both of them to run more or less the same business with the same name, Nikasu Labs, forever.
(a) It is, therefore, agreed that both brothers, Nimesh and Kamlesh, will be entitled to use the name Nikasu in conjunction -- and only in conjunction -- with either 4th February 2020 905-ARBP170-20.DOC their frst names or with some other mark or name, but not to use the word 'Nikasu' on its own, i.e. only in conjunction with another word or expression. The two words will be of equal prominence in terms of size, shape, depiction, font and colour.
(b) They will jointly use this Nikasu in conjunction with another expression in this fashion only for a period of 24 months from today. At the end of that period, both of them will completely and permanently cease use of the Nikasu name and brand wholly even in conjunction with another mark, word or expression.
This need for this transitional provision is to give each brother sufcient time to develop and evolve his own individual business identity, brand or mark.
10. There is a question of the necessary regulatory and trade licenses. Those licenses presently stand in the name of Nikasu Labs. On the basis of this order, and on production of an authenticated copy of this order, Kamlesh shall apply to the authorities concerned for a transfer of the licenses that he currently holds to the name of his business, i.e. a business with another word, mark, or expression used in conjunction (for example 'Kamlesh Nikasu' or something similar). Similarly, Nimesh will be entitled to apply for a license in the name of his own business with the conjoint name as mentioned above or a wholly new mark, brand or name. Neither brother will object to the other applying for a license in this fashion and any consent required for obtaining such a license is unequivocally given by one brother to the other in this order and is noted today.