written statement of the defendant 16 - 25
4 Replication by plaintiff 26 - 32
5 Rival submissions at the Bar 33 - 36
6 Analysis
7 Validity ... plaintiff, being the bereft of merit, deserves to be dismissed.
Replication by the plaintiff
26. The plaintiff, in its replication, submits that the defendant
plaint and in paras 12 to 17 of the replication. These
paragraphs read thus:
Paras 29, 31, 32, 41 and 42 of the plaint ... outlets, grocery stores and street vendors;"
Paras 12 to 17 of replication
"12. The Defendants have adopted a packaging which is
nearly identical
found in the following pleadings/submissions,
tendered in writing:
(i) the plaint, replications to the written statements of
Defendant 1 Novex, Defendant 2 PPL, Defendant
coloured lettering ( ),with the Stag device
above the ribbon. These features are replicated on the outer carton of
the pack, in which the bottle ... ROYAL STAG mark, as well as of its
label, and that, in replicating these features in its label, as well as in
the mark INDIAN
account of Aqualite's act of
manufacturing and selling footwear which replicated Relaxo's
designs, the suit sought a decree of permanent injunction ... seriously contest the allegation
that the footwear manufactured and sold by it replicated the registered
designs of Relaxo.
8.2 Instead, Aqualite chose to raise
pleadings in the suit 19 - 33
6 The plaint 20 - 30
7 Replication of Lifestyle to written statement of 31 - 33
Cloudtail
8 Related contentions ... which is "charging
pony with the polo player" ( ),has been replicated in its
entirety in the Infringing Logo Mark ( ),for the illicit purpose
claim an
essential and integral industry standard in the manufacturing, storage
and replication of data in digital formats, as in Digital Versatile
Discs14. This exercise ... down to its essentials, is that
they merely undertake a process of replication. This process of
replication does not involve EFM+ coding at any stage
defendant prayed that the suit be dismissed.
9. The plaintiff, in replication, pleaded thus:
"51. In response to the contents of Paragraph ... defendant's mark, and merely raising such a plea in the
replication would not suffice. I have expressed my disagreement with
the said submission
with
advance copy to learned counsel for the plaintiff, who may file
replication thereto, accompanied by affidavit of admission/denial of
documents filed ... design as contained on the surface of the above cup does not replicate
the entire design in respect of which the certificate of registration
record.
6. Mr. Sanjeev Sindhwani, learned Senior Counsel for the
2
5. Replication. - The replication, if any, shall be filed within 30 days of receipt ... prevented by sufficient cause for
exceptional and unavoidable reasons in filing the replication within 30 days, it may extend the
time for filing the same
