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Showing contexts for: assignment trademark in Archer Tradeing House Pvt. Ltd. And Anr vs Eurobond Industries Pvt.Ltd on 15 June, 2015Matching Fragments
By its letter dated 29 January 2014, the Defendant in reply sought time till 30 June 2014 to exhaust their stock, packing material, stationery, etc. bearing the trademark and trade name EUROBOND and to complete the formalities with the Registrar of Companies, assuring Plaintiff No.2 that on and from 1 July 2014 they would totally discontinue the use of EUROBOND as a trademark as well as part of trade name and requested Plaintiff No.2 to waive their claim for damages and costs. Plaintiff No.2 agreed to grant time to the Defendant, as requested. Thereafter, by an Assignment Deed dated 16 May 2014, entered into between Plaintiff No.2 and Plaintiff No.1, Plaintiff No.2 assigned the trademark EUROBOND (Device) registered in Pg 3 of 24 new nmsl2584-14.doc Class 6 along with goodwill to Plaintiff No.1 at or for a consideration and upon terms and conditions mentioned therein. Plaintiff No.1 thus claims to have become a subsequent proprietor of the trademark EUROBOND in Class
(i) Whether Gala and Gala were the proprietor of the mark or user of the same prior to the Plaintiffs' use or registration in the ig mark, whichever is earlier, or were themselves using the mark by way of permissive user as a group company of Plaintiff No.2?
(ii) Whether the assignment of the trademark EUROBOND by Gala and Gala is a genuine document transferring the proprietorship of the mark to the Defendant or is a sham and bogus document fabricated by way of an afterthought?