entitled to an
injunction, is applicable to the cases of
infringement of trademark and passing off. In view
of the law laid down ... user. The
difficulty would be in respect of action for
infringement of trademark, inasmuch as in view of
the judgment of the Division Bench
Defendant on the ground
that the Defendant is infringing the registered trademarks of the Plaintiff, infringing
the copyrights of the Plaintiff and committing the tort ... sought ad-interim/interim
reliefs restraining the Defendant from infringing the trademarks and copyrights of
the Plaintiff and/or committing the act of passing
perpetual order and injunction, restraining the Defendant from infringing the
registered trademark of the Plaintiff "EVANOVA" and also from passing off their
goods ... original Plaintiff No.1 applied for
registration and got the trademark "EVANOVA" registered in Class 5 of the Fourth
Schedule to the Trade
have filed the present Suit, inter alia, for
infringement of its registered trademarks being "UltraTech Cement" and/or marks,
the essential feature whereof ... Plaintiffs, this Court has jurisdiction to grant reliefs for
infringement of trademarks in view of the fact that the Plaintiffs carry on business
within
hereunder:
4.1 The subject matter of the present Suit is the trademark SPASGAN and
the Defendant is using an identical mark SPASGAN. Both, the Plaintiff ... name
of the Plaintiff as the subsequent Proprietor of the trademark SPASGAN is still
pending, the registration of the mark is valid and subsisting
alia, complaining of acts of
infringement of the Plaintiff's registered trademark "M & M" (hereinafter referred to
as "the said ... trademark") committed by the Defendants and for acts of passing off and
for further and other reliefs as set out in the Plaint
perpetual injunction restraining the Respondent (Original Defendant) from
infringing the registered trademarks bearing Nos. 436744 and/or 1521743 both in
Class 32. Along with ... action for passing off with cause of action for infringement of
trademark. Prayer clause (a) of the above Petition is reproduced herein below:
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entitled to an
injunction, is applicable to the cases of
infringement of trademark and passing off. In view
of the law laid down ... user. The
difficulty would be in respect of action for
infringement of trademark, inasmuch as in view of
the judgment of the Division Bench
infringement is concerned, solely by
relying upon Section 134 of the Trademarks Act, 1999 ("the Act"). If this
requirement ... working for
personal gain in Mumbai. Therefore, under Section 134 of the
Trademarks Act, 1999 this Hon'ble Court has jurisdiction to try,
entertain
confusion remains."
17. As submitted by the Plaintiff, the said trademark of the Plaintiff has been
derived from the words Rice Bran Specialty ... contention of the
Appellant (Original Defendant) that the Plaintiffs have infringed the trademark of a
third party and are therefore themselves guilty of infringement. Paragraphs
