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Travellers Exchange Corporation ... vs Celebrities Management Private ... on 5 March, 2020 cites

Patel Field Marshal Agencies And Anr. vs P.M Diesels Ltd. And Ors. on 29 November, 2017

2. The counsel for the plaintiffs has contended that (i) the application of the plaintiff, in this suit for permanent injunction restraining infringement of trade mark, under Section 124 of the Trade Marks Act, 1999 is pending consideration; (ii) in view of Patel Field Marshal Agencies Vs. P.M. Diesels Ltd. (2018) 2 SCC 112, the amendment of the plaint was allowed to take the pleas of invalidity of the registration in favour of defendant; (iii) CS(COMM) 51/2016 Page 1 of 4 that the defendant, in the written statement to the amended plaint has pleaded a large number of other registrations obtained by the defendant, of marks similar/deceptively similar to the mark subject matter of the present suit; (iv) that the pleadings of the plaintiffs in the amended plaint are wide enough to cover besides the registrations pleaded in favour of defendant, also any other registration in favour of the defendant besides the registrations expressly pleaded in the plaint; and, (v) that the plaintiffs will withdraw IA No.1814/2020 on clarification being rendered by this Court that the plaintiffs, while urging the application under Section 124 of the Trade Marks Act, shall also be entitled to argue with respect to the new registrations disclosed by the defendant in the written statement to the amended plaint.
Supreme Court of India Cites 29 - Cited by 70 - R Gogoi - Full Document
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