suits to, inter alia, seek
permanent injunction to restrain infringement of registered
trademarks, copyright, passing off, dilution, unfair competition,
FAO (OS) Nos.313/2008 ... cancer treatment in 1999. The appellants then filed
for TEMODAL as their Trademark for their TEMOZOLOMIDE-based drug.
According to the appellants the drug
aforesaid mark. The plaintiff company claims
to be owner of various trademarks which contain the name
TATA as a part of the registered trademark ... wide geographical area, coupled with vast
promotion and publicity, the said trademark enjoys an
unparalleled reputation and goodwill and has acquired the
status
services or goods on the Internet or otherwise under the trademark/domain name 'Yahooindia.Com' or any other mark/domain name which ... identical with or deceptively similar to the plaintiff's trademark 'Yahoo!' and also for rendition of accounts and damages. The plaintiff
globally valuable goodwill/reputation thereunder;
(III) that the plaintiff's trademark S. OLIVER is duly registered in favor
of the plaintiff in India under ... Copies of Bills/Invoices in support of user of plaintiff's
trademark S.OLIVER in India.
7. The defendants on the other hand, have
Court seeking to restrain the defendants from infringing the plaintiff's trademark and for action of passing off its goods and services as that ... sales turn over in respect of its said services offered under the trademark "HOME SOLUTIONS" or "ASIAN PAINTS HOME SOLUTIONS
plaintiff claims to be the proprietor of a family of ZIFI prefixed
trademarks and it owns and uses its ZIFI family of trademarks in several ... component
of other marks, have been got registered with the Registrar of Trademarks.
The details of the registrations disclosed in the plaint are as follows
quote:-
"56. The wordings in sub clause (a) ―the registered trademark
has been assigned by the registered proprietor to another
person after acquisition ... goods which is the registered proprietor and third person to
which the trademark has been assigned at the same place.
57. Thus, the said acquisition
following issues:
(i) Whether the plaintiff is the proprietor of the Trademark "RICH‟S
WHIP TOPPING" in relation to its goods as mentioned ... acquired distinctive goodwill and
reputation and secondary meaning in respect of the trademark "RICH‟S
WHIP TOPPING" by virtue of its prior, long
that the plaintiff claimed itself to be the proprietor of the registered trademark "RANA" in respect of its products which include steel rolled ... girders. The plaintiff had stated that it had used the said trademark since 1993 continuously and that it had applied for the registration
REDDY" and has
supposedly created an association of the trademark REDDY with
the products of the plaintiff, that it has been conscious ... taking advantage of the goodwill that
had accrued upon the plaintiff‟s trademark Dr. Reddy‟s. It also
submits that a mere perusal
