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Further he has deposed that 'It is true disclaimer is the restriction of the exclusivity granted by the trademark registry .' Further it is an undisputed fact that both the trademark registration which plaintiff relied upon has been challenged by the defendant before the IPAB, Chennai. Further he has deposed in his cross examination recorded on 26.10.2015 in para 8 reads as under:
Witness voluntarily says that Johnny Walker is our principal. May be Gold and Platinum labels are used to denote the quality and grade of the product.
4. No. of documents marked on behalf of defendant :
Ex.D1,1(a): Affidavit of Mahesh Nedungadi & Signature Ex.D2 : Copy of board resolution Ex.D3 : Copy of Form No.1 & Statement of case filed by IPAB 711052 Ex.D4 : Copy of Form No.1 & Statement of case filed before IPAB -756366 Ex.D5 : Copy of Form No.1 & Statement filed before IPAB seeking revocation of trademark No.1928614 Ex.D6 : Copy of Form No.1 & Statement filed before IPAB OS.No.2101/2012 seeking revocation of trademark No.1997581 Ex.D7 : Print out of Johnnie Walker Publicity brochure Ex.D8 : Photographs of various ranges of Whiskies Produced by Johnnie Walker Ex.D9 : Photographs of various range of Tequias of Patron Ex.D10 : Print out of promotional material of the defendant product.