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John Distilleries Pvt. Ltd vs Shashi Distilleries Private Limited on 4 March, 2022 cites

Astrazeneca Uk Ltd. And Anr. vs Orchid Chemicals And Pharmaceuticals ... on 16 May, 2006

30. When I gone through the said decision in detail though the facts of the said decision is different from the case on hand, but the principles laid down in the said decision is aptly applicable to the case of the defendant. Because the plaintiff has not made out any legal grounds to seek injunction restraining the defendant from using the registered aseptic brick pack (commonly known as tetra pack), when the plaintiff has not objected to use the trademark or label on a bottle, but he has raised objection only to use the tetra pack by the defendant on the same label though the defendant has obtained approval from 46 OS.No.189/2015 the concerned authority. Further defendant's counsel has argued that by effect of acquiescence as stipulated under Sec.33 of the Trademarks Act, plaintiff has acquiesced for the continuous period of 5 years from the registration of defendant's trademark in 2008 in the use of the defendant's registered trademark as per Ex.D3. Hence, he is no longer allowed to apply for declaration that the registration of the defendant's trademark is invalid.
Delhi High Court Cites 46 - Cited by 71 - A Kumar - Full Document
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