cognate services in gross violation of Plaintiff's statutory as
well as common law rights. Defendant is well aware of
Plaintiff's trademark ... services, is a gross violation of Plaintiff's statutory as well as
common law rights. Prime defence of the Defendant per contra is that
license fee upto 180 days after
handing over the licensed areas as well as to make the elevators,
escalators and other utilities functional. Petitioner also ... functional LED lights in the entire Concourse
Floor/Level as well as the common areas and the areas were
well lightened.
(ii) Each unit/ outlet
extremely high.
13. On account of the statutory as well as the common law rights,
Plaintiff is entitled to an interim injunction against Defendant ... also asserted trademark rights in the registered
designs as well as invoked the common law remedy of passin g off, wh ich
are self-destructive
been declared as a well-known
mark by any Court of law nor is it listed in the list of well-known
trademarks ... such as fans, lighting, home appliances etc. in
the niche as well as common electrical products segment. Products of the
Defendant are known for their
label mark and the
extensive user, Plaintiff has acquired both statutory and
common law rights in the trademark. By virtue of Section ... right to protect it from unauthorised use
by third parties as well a common law right to protect the
word marks from passing
more than 150
countries across the world under their extensive range of well-known and
distinctive trademarks/brand names. Plaintiffs are involved in the
manufacturing ... identify Plaintiffs as a source or origin. Plaintiffs have statutory
as well as common law rights to the exclusive use of the trademarks
alleges infringement
of its trademarks as well as passing off by the Defendant, violating its
statutory and common law rights.
7. It is further averred ... relation to the services, in respect of which
they are registered as well as to obtain relief against infringement by third
CS(COMM) 60/2021
Venus Worldwide Entertainment Private ... vs Popular Entertainment Network (Pen) ... on 17 August, 2023
Author: Jyoti
towards
the sale price along with interest on the same as well as common area
maintenance charges with interest and damages. On the basis
Plaintiff i.e. CENTRAL PARK is descriptive and publici juris
as well as common to trade and thus invalid under Sections ... Trade Marks
Registry and this Court, as well as the expression being prima facie
generic and common to trade, however, it cannot be lost sight
