Industry ,
which is a suit seeking permanent injunction against infringement of
registered trademark and copyright as also reliefs for passing off, delivery
up, rendition ... accounts, etc. for usage of the trademark 'BPI', which is
stated to be similar to the Appellant's/Plaintiff's (hereinafter
deceptively similar to the plaintiff's registered trademark/tagline
"VITALIZES BODY AND MIND.".
2. The present suit was filed in August ... have been manufacturing and
marketing, inter alia, energy drinks sold under the trademark "Red Bull",
since the year 1987.
II. In relation
Industries Ltd, the plaintiff, alleges infringement, by the
defendants, of its registered trademark "KEI", of which it has
registration both as a word ... permanent injunction,
restraining the defendants from infringing the plaintiff's registered
trademarks either physically or via online platforms, along with other
prayers for rendition
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
Deeksha Singh,
Advocates. (M:9891584230)
versus
CONTROLLER GENERAL OF PATENTS DESIGNS AND
TRADEMARKS ..... Respondent
Through: Mr. Harish V. Shankar, CGSC with
Ms. S. Bushra Kazim ... Through: Mr. Amarjeet Kumar, Advocate.
versus
THE CONTROLLER GENERAL OF PATENTS AND
TRADEMARKS & ORS. ..... Respondents
Through: Mr. Davesh Vashishtha and Mr.
Sharabh Srivastava, Advocates
Ojha, Advocates. (M:9891584230)
versus
CONTROLLER GENERAL OF PATENTS DESIGNS AND
TRADEMARKS ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar,
CGSC, Ms. S.Bushra Kazim, Mr.
Srish ... Through: Mr. Amarjeet Kumar, Advocate
versus
THE CONTROLLER GENERAL OF PATENTS AND
TRADEMARKS & ORS. ..... Respondents
Through: Mr. Davesh Vashishtha, Advocate
most prestigious global
brands like Havells, Crabtree, Standard, Promptec and trademark Lloyd.
Owing to the quality of products and quick and efficient service Plaintiff ... invalid and liable to be cancelled as:
(a) Plaintiff has asserted trademark rights in the registered su it design an d
thus it is liable
inverters, solar water heaters, industrial motors, etc. under its house
well-known trademark 'V-GUARD' as well as under its other well-known ... trademarks like PEBBLE, VICTO, INSIGNIA etc. The current turnover is
CS(COMM) 92/2022 Page 1 of 39
Signature Not Verified
Digitally Signed
By:KAMAL
Rules R/W Sections 27 , 28 , 29 , 134 , and 135 of the Trademarks
Act,1999 praying for a permanent injunction restraining the Defendant, by
itself ... under them from in any manner infringing the Plaintiff's
registered trademark Jodi365 under No.1971072 in Class 99 and other
registered trademarks
read with Sections 27 , 28 , 29 , 134 and 135 of the
Trademarks Act, 1999 and Sections 51 , 55 and 62 of the Copyright ... through them from in any manner infringing the
Plaintiff's Registered trademarks CHANK, SANGU and the devise
of Conch as described in the Schedule
