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2007 Supreme(Bom) 742

A.M.KHANWILKAR
International Association of Lions Clubs – Appellant
Versus
Association of Lions India – Respondent


Advocates appeared:
Mr.Virendra V. Tulzapurkar with Mr.Johentan V. Daruwalla & Ms. Blossom Noronee i/b. Jehangir Gulabbhai Billimoria & Daruwalla for plaintiff.
Mr.Rahul Chitnis with Mr.V.R.Dhond with Mr. Harakchand Gada, Ms.Yogini Gada i/b. Harakchand & Co.for defendant Nos. 1,2,4 and 5.

JUDGMENT

1. This order will dispose of prayer for ad-interim relief sought by the plaintiffs during the pendency of the Notice of Motion.

2. Heard counsel for the parties. Perused the relevant pleadings and documents.

3. This Motion is opposed only by defendant Nos. 1,2,4 and 5. The other defendants have not bothered to appear inspite of service nor have filed any reply to controvert the claim of the plaintiffs. As against them, therefore, ad-interim relief is granted in terms of prayer clause (a) to (h). In so far as defendant Nos. 1,2,4 and 5 are concerned, as they have contested the matter we shall now examine the rival claim.

4. The plaintiffs have filed suit to claim reliefs against the defendants in relation to their acts of infringement of registered trade marks of the plaintiffs with the Registrar of Trade Marks in Mumbai; and acts of passing off, acts likely to pass off and/or acts enabling passing off by using word "LION" as part of the name of the concerned defendants; for infringement of copyright, committed by the defendants by adopting the name, designation, emblem and other insignia of the Association, which are deceptively similar to that of the plaintiffs; for infri
























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