2019 ORDER DATED: 23/12/2022
off in respect of the trademark of the plaintiff by the
defendants. It is the case of the plaintiff ... that
plaintiff's trademark JIVRAJ-9 more particularly
numbering 9 of the plaintiff has acquired distinct and
high reputation and goodwill and the plaintiff
case of the respondents-plaintiffs that the word NIMA is an Associated trademark of NIRMA nor that the mark NIRMA is registered as Defensive trade ... that in the result the mark NIMA is not used as a trademark with any goods of the respondents either in Class 3 or Class
plaintiff has submitted that the plaintiff has adopted and used the trademark/label containing and consisting trademark LAXMI with a device of goddess LAXMI ... provisions of the Act on 8.5.1990. The plaintiff stated that the trademark registration application was accepted and advertised in the trademark journal and the same
preferred the present Appeal from Order.
FACTS
2. RANGOLI is a registered trademark of the petitioner (plaintiff), whereas the defendant is using predominantly word RANGILI ... stopped using label RANGOLI.
2.4. Now, defendants started using modified version of Trademark of plaintiffs, which is bone of contention between the parties. Looking
register of Trade Marks as sole owner
and proprietor of trademark "OCLEG" in the interest of
justice;
(B) YOUR LORDSHIPS be pleased ... thereby carrying out the change in the
trademark register and showing the name of respondent
no.1 as proprietor and owner of trademark "OCLEG
matter of suit is plaintiff s claim of prior user of the
trademark and infringement of copyright DANDI in relation to
salt ... purshish Exh.82 and restricted claim of prior user of trademark
DANDI .
4. The
brief facts leading to filing of the suit as well
country. The plaintiff has also stated
regarding the facts of various trademarks, which he has
applied for Registry and details of that applications are
incorporated ... further case of the plaintiff that the plaintiff has been
using the trademark 'MICHI'S' with the device of a boy
since
manufacturing, marketing advertising for Sales, the
defendant's products under the Trademark /Label "VIMAL" "TM
Application No. 4352164 including ... from committing an act of infringement of the
plaintiff's registered Trademark/labels and from committing an act of
passing of the plaintiffs
claimed by the petitioners that they have
obtained assignment of the trademark 'Babu Chuna' from
one Mrs. S. Sayali and for that purpose ... that in
September 2012, they have filed a suit for infringement of
trademark against present respondent which is registered
as Regular Civil Suit
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
