stock and barrel to the
assessee Company. However, the transferor retained its
„trademark‟.
(iv) The business of the transferor was acquired by the assessee
Company ... enlist certain intangible assets eligible for depreciation which comprises
knowhow, patents, copyrights, trademarks, licenses, franchises or any other
business or commercial rights of similar nature
filed by the Plaintiff is for permanent injunction
restraining infringement of its trademark, passing off, dilution,
rendition of accounts of profits, damages and delivery ... effect:-
"1. Whether the Plaintiff is the registered proprietor of
the trademarks LOUIS VUITTON, the LV Logo and the
Toile Monogram? OPP
2. Whether
mobile accessories and/or any other
goods whatsoever under the trademark "ZENFONE" and/or
any other trademark identical and/or deceptively similar ... trademark "ZEN" and "ZEN MOBILE" which amounts
to infringement of the Plaintiff‟s aforesaid marks ZEN and
ZEN MOBILE.
ii. Pass
goods or allowing any goods to
be marketed under the impugned trademark through their distributors or
other agents or from advertising the same ... rectification proceedings which the respondents / plaintiffs
had initiated before the trademark authorities for cancellation / rectification
of the registration of the trademark „SKINCLINIQ‟ in favour
also dairy products etc., for several years. In respect of its trademarks, it is specifically
averred that the plaintiff has obtained registration of the label ... defendant avers that there is no infringement of the
plaintiff‟s trademark of copyright or, that a case is made out against it of passing
permanent injunction
restraining the defendants from infringement of copyright, infringement
of trademarks; passing off; dilution; rendition of accounts; damages;
etc. The plaintiff has additionally prayed ... Great Khali‟, „Undertaker‟, etc., which are well
recognized by the public.
THE TRADEMARK RIGHTS OF THE PLAINTIFF:
10. As per the plaint, the plaintiff
alia for
permanent injunction against the defendants restraining them from
infringing its trademark, copyright, passing off, rendition of accounts,
delivery up, damages ... proprietor and owner of the trade marks
„Harigola‟ and „Taravat‟. The trademark „Harigola‟ was originally
coined and adopted by Mr. Jain under his proprietorship concern
from dealing in artificial jewellery or in any other product
bearing the trademark /trade name ROLEX or any deceptive
variation thereof is for consideration ... plaintiff, that the plaintiff has since then been using the
trademark ROLEX in respect of its distinguished products and
business and has been trading under
instituted a suit for permanent injunction restraining the infringement of copyrights, trademarks, passing off, rendition of accounts, damages, etc. against the defendants. The said suit ... claims that by adoption of long and extensive user products bearing the trademark Microsoft, the plaintiff is exclusively associated with the products originating from
sale campaign publicizing its products. By 1957 Whirlpool was a leading trademark and name in the United States and Canada in relation to washing machines ... plaintiff No. 1 did not have full scale commercial use of the trademark in India; this would amount to abandonment of the trademark by plaintiff
