Additional District Judge, Dahod below applications Exhs.9 and
10 in Trademark Suit No.1 of 2023, whereby the learned
Additional District Judge rejected plaint ... original status before the learned Court below.
4. The plaintiff has filed trademark suit No.1 of 2023 before
the District Court, Dahod for relief
Court Act, 2015 challenging
order passed below Exh.5 in respective commercial trademark
suits, wherein, the learned Commercial Court in exercise of
powers under Order ... plaintiff is common, who has filed suits for infringement of
registered trademark passing off goods and for permanent
injunction along with injunction application
identical and/or deceptively similar to the plaintiff's registered
trademark "VADHIYAR BIJ" till the suit is finally disposed of.
2. Pursuant ... read with Rule 62 (1) of the T.M. Rules for
having trademark "VADHIYAR BIJ" by applying on 7.7.2010. Prior
to submission
present respondent was allowed and the
appellant was restrained from using his trademark AROXIL in
respect of the drug CEFADROXIL . The trademark of the
respondent ... Section 9 . Thus, the appellant cannot be restrained from using the
trademark in question.
In support of
his submissions, Mr. Tolia relied on the following
assignment and in respect of which the applications were pending
before the Trademark Registry for registration in favour of
PPPL-appellant No.1. Later ... PPPL-appellant No.1.
5.7 On
14th January 2009, the Registrar of Trademarks recorded
respondent No.1 as subsequent proprietor of assigned trademarks
before the learned trial Court for infringement of
registered trademark and passing off action under Sections
27(2) and 29 of the Trade Marks ... restrain the defendant from manufacturing and marketing
its product under the trademark from using the trademark :-
(i) KARAMGREEN in respect of school
name and style of SPG .
4.3 Plaintiff has started using said Trademark / label mark
SPG, along with colour combination since 2007,
exclusively and uninterruptedly, openly ... 2024
undefined
4.5 The defendant has deliberately launched its services under
impugned Trademark in label only after the services being
passed off by the defendant
marketing and processing of "Betel Nut"
with distinctive and fancy trademark "Kanti Kaka" with a distinct
label mark. The plaintiff ... plaintiff had also contended that he had extensively promoted
the said trademark and he had made considerable expense each year
Page 5 of 21
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Grease included in
Class-04' on the Register of Trademark.
2. Brief facts germane for adjudication of the dispute in
question read thus ... thereby the Trade
Marks Registry has been pleased to allocate the trademark
registration certificate to the respondent No.1 as there had
Page
Piruz Khambatta Thro Poa Zubin ... vs Deputy Registrar Of Trademarks on 4 December, 2023
NEUTRAL CITATION
C/CIA/18/2023 ORDER DATED: 04/12/2023 ... PIRUZ KHAMBATTA THRO POA ZUBIN KHAMBHATTA
Versus
DEPUTY REGISTRAR OF TRADEMARKS
==========================================================
Appearance:
MR DEVANG NANAVATI, SENIOR ADVOCATE with MR JATIN Y
TRIVEDI
