predecessor in title of Plaintiff No 1
in relation to the trademark "DIET" and to acquire statutory
rights plaintiff No.2 had applied ... Marks Act,1999 . That plaintiff No2 also
granted a license of the trademark "DIET" in favour of
Plaintiff No.1 Company under
CORONA REMEDIES'. The Plaintiffs
also applied and got registration of its trademark 'CORONA
Page 1 of 13
HC-NIC Page ... user from 13.10.2000. According to the
Plaintiffs they have been using such trademark on its products with
word CORONA being placed prominently so that over
predecessor in title of Plaintiff No 1
in relation to the trademark "DIET" and to acquire statutory
rights plaintiff No.2 had applied ... Marks Act,1999 . That plaintiff No2 also
granted a license of the trademark "DIET" in favour of
Plaintiff No.1 Company under
suit seeking interim
injunction against the present respondent defendant from
using the Trademark 'SAMRAT' and/or any other identical
and/or deceptively similar ... Chaki' or 'Fresh Atta' under the
Trademark 'SAMRAT'. According to the plaintiff, the
company had used the said Trade name
such order the Respondent was restrained from using
its trademark on its label of Seeds which was produced by the
Plaintiff at Mark ... 2014 ORDER
trademark as that of the Plaintiff. Case of the Plaintiff also is that
the Defendant has started using such mark long after
learned advocate for the petitioner
has submitted that the petitioner's trademark is registered
with effect from 6th October, 1989 and has been renewed ... petition, it was pointed out that the petitioner's
trademark label is 'AJEY Mustard Oil' and the colour scheme is
as shown
learned Additional District Judge, Ahmedabad (Rural)
below application Exh.5 in Trademark Suit No.4 of 2013.
In the suit, the plaintiffs sought relief against ... infringement of trademark. Pending the suit, prayer for
interim injunction was made against the defendant using
its trademark - "Sandesh Samachar". By order dated
since 1997. An
application has been made for registration of
the trademark in the name of the complainant.
The complainant, with an intention of
distributing ... applied for the
registration of the design and trademark under
the Trade and Merchandise Marks Act, 1958 , on
26.07.1999. The same is pending before
under:
The plaintiffs have filed the said suit complaining of
infringement of trademark and passing off of the registered
trademark ... Page 2 of 4
C/CRA/307/2015 ORDER
registered trademark of the plaintiffs.
5. I have also heard learned counsel for the opponents
appearing
suit was for
infringement of the copy right and passing of the trademark.
The learned Judge rejected the plaint on the limited ground that ... Designs Act, 2000 which excludes inter alia any
'trademark' as defined in Clause (v) of sub-section (1) of Section