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Documents citing Toni & Guy Products Ltd & Anr vs Shyam Sunder Nagpal on 22 November, 2013

Astrazeneca Ab & Anr. vs Westcoast Pharmaceutical Works ... on 15 May, 2023

5. The objection is without substance. Toni & Guy1, in para 11, clearly notes that, in that case, ―admittedly the defendant has not used the mark and has not invaded the proprietary rights of the plaintiffs in the trademark by either infringing the same or passing off‖. As against this, in the present case, there is a specific allegation that the defendant has started manufacture and is already selling, or in the process of commencing sale, of the infringing products in the market. No more need be averred, and no more need be seen. Order VII Rule 11 is premised on the assertions in the plaint, to be taken on demurrer 1 2007 (2014) DLT 309 CS(COMM) 101/2022 Signature Not Verified Page 2 of 44 Digitally Signed By:SUNIL SINGH NEGI Signing Date:15.05.2023 19:59:40 Neutral Citation Number : 2023:DHC:3337 as correct. Viewed thus, the present case cannot be likened to Toni & Guy1. The analogy is obviously misguided.
Delhi High Court Cites 53 - Cited by 0 - C H Shankar - Full Document
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