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2006 Supreme(Bom) 426

S.U.KAMDAR
Bharati Cellular Ltd. – Appellant
Versus
Jai Distillers P. Ltd. – Respondent


KAMDAR S.U., J.: - The present Notice of Motion has been taken out inter alia seeking relief of injunction of infringement of the plaintiffs artistic work being Exhibit-D to the plaint and also for an injunction from in any manner manufacturing, marketing, exhibiting and selling any goods bearing the trade mark AirTel as mentioned in Exhibit-A and B to the plaint or any other deceptively similar mark on the ground of passing off. Prayers (c) and (d) of the motion are for appointment of the Court Receiver with a power to take possession of the goods and destruct all the labels, cartons and advertising material.

2. Some of the material facts of the present case are as under:

3. The plaintiffs are a company inter-alia carrying on business in telecommunication services. The plaintiffs are also providing mobile services to various people in India and is a well known company in the name of AirTel.

The plaintiffs are carrying on business in various States of India and are having a large turnover and are owner of well known popular brand name AirTel. Sometime in or about 1994 the plaintiffs conceived and invented the word mark AirTel. The plaintiff have also simultaneously adopted a distincti






























































































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