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2008 Supreme(Bom) 30

D.Y.CHANDRACHUD
D. R. Cosmetics Pvt. Ltd. – Appellant
Versus
J. R. Industries – Respondent


Advocates:
Advocated appeared:
Mr. V. R. DHOND with Mr. SANDEEPPAREKH i/b. Mr. K. S. P ACHOO and Mr. A VESH KA YER, for the Plaintiffs.
Mr. MAHESH A. MAHADGUT with Ms. DEEPALI BHALEKAR i/b. M/s. Bilawala & Co. for the Defendant.

JUDGMENT :-

The Plaintiffs seek interlocutory relief in an action for passing off and infringement

2. The First Plaintiff is a Company incorporated under the provisions of the Companies' Act, 1956. The Second Plaintiff is a Director of the Company. Prior to the incorporation of the First Plaintiff, a business of manufacturing and marketing soap strips was carried on by a proprietary firm of Dhanvantrai Ramshankar Joshi. The case of the Plaintiffs is that the First Plaintiff was incorporated on 30th March, 1999 to convert, as a going concern, the existing proprietory business together with its name, goodwill, licence, assets and liabilities into a corporate entity. The First Plaintiff was initially known R as Dhanvantrai Ramshankar Cosmetics Pvt. Ltd. In pursuance of a certificate issued on 21st May, 2002 by the Registrar of Companies, the name of the Company has been abbreviated to D. R. Cosmetics Pvt. Ltd. The Directors of the Company are members of the family of the erstwhile proprietor who has since expired.

3. The primary business of the Plaintiffs consists of the manufacture, marketing, distribution, export and sale of soaps and soap products. A trade mark called BUFIN was conc





































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