defendant have verbatim adopted the artistic work and trademark of the plaintiff's trademark SURYA and RANGEELA except for the device of the lotus ... imitation to that of the first plaintiff's trademark and Trademark Label "SURYA".
b. for a permanent injunction restraining the respondents/defendants
SURYA," or "FLAME," or "SURYA SHINING
FLAME." During further cross-examination, witness expressed lack
of knowledge if the trademark ... SURYA" was already registered
trademark or not. However, no such registration certificate of
trademark 'SURYA' was confronted to the plaintiff. PW1 admitted
SURYA' and 'SURYA'
formative marks and some of Plaintiffs registrations for the trade
mark 'SURYA' and 'SURYA' formatives ... trademark and
others were having other trademark and in inspection one more
pipe was found having the trademark/artistic work 'SURYA
GOLD
trade marks SURYA CEM and/or SURYA GOLD or
any mark similar to the plaintiffs' registered trade marks SURYA/SURYA ... trade marks SURYA CEM and/or SURYA GOLD or
any mark similar to the plaintiffs' registered trade marks SURYA/SURYA
cards or by using any other Trademark which is in any way
substantially reproduce the Plaintiffs Trademark SURYA PLUS shown
in Document ... cards or by using any other Trademark which is
in any way substantially reproduce the Plaintiffs Trademark SURYA
GOLD and (pouch) shown in Document
demonstrate that
his trademark is registered; the trademark of the defendant is
similar enough to the trademark of the plaintiff, to create
confusion ... herein show the words
"Surya Blue, Surya Ujala and Surya Astha". The other words
used are "Surya Magical white
products under the trademarks SURYA CEM and/or SURYA GOLD or any other deceptively similar mark with the word SURYA/SURYA CEM used ... products under the trademarks SURYA CEM and/or SURYA GOLD or any other deceptively similar marks with the word SURYA/SURYA CEM used
trade mark 'SURYA' and
'SURYA' formative marks in Class 17 (which is the
concerned trademark class for the Plaintiff company ... incorporate the plaintiff's trademark or
any other trademark deceptively similar to the
plaintiff's trademark. Local Commissioner was
further directed to seize
Whether it is to be circulated to the civil judge ? No
=================================================
HOTEL SURYA PALACE....Applicant(s)
Versus
JINDAL HOTEL LIMITED....Respondent(s)
=================================================
Appearance ... deceptively similar Trademark and is further
restrained from committing the act of infringement of such
Trademark "Surya Palace" and "passing
information relating to any and all transactions
concerning violation of trademark rights of
Plaintiff, and
(ii) preserve all documents and other evidence in
their possession ... wish to
contest the present suit or use the 'SURYA'
trademarks. Therefore, the Court may dismiss the
suit and vacate the injunction granted
