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2012 Supreme(Bom) 1311

B.R.GAVAI
Godrej Consumer Products Limited – Appellant
Versus
Initiative Media Advertising – Respondent


Advocates appeared:
For the Plaintiff:Virag Tulzapurkar, Senior Advocate with Aspi Chinoy, Senior Advocate with Nishad Nadkarni, Aashutosh Sampat, Shailendra Bhandare & Meghana Chandorkar i/b. Legasis Partners, Advocates.
For the Defendanst:D1, Rohan Cama with Rajesh Dubey and Raj Laxmi i/b. M.S. Bodhanwalla & Co., D2, I.M.Chagla, Senior Advocate with Venkatesh Dhond, Senior Advocate with H.W. Kane i/b. Rahul M. Kadam, Advocates.

Judgment :

The plaintiffs have filed present suit for injuncting the defendants from telecasting or broadcasting or communicating to the public or publishing in any manner the impugned advertisements or any part thereof or any other advertisement of a similar nature. The plaintiffs have also filed notice of motion for temporary order of injunction in the aforesaid terms during the pendency of the suit. The plaintiffs have also moved for ad-interim orders.

2. The plaintiff is a public limited company incorporated under the provisions of the Companies Act 1966 and carries on business of manufacturing and selling of consumer products including mosquito repellents. The plaintiffs claim to be a market leaders in the field of mosquito repellent in India. The defendant No.2 is also a public limited company incorporated under the Companies Act and carries on business of selling mosquito repellents and is competitor of the plaintiffs in the field of mosquito repellents. The plaintiffs are manufacturing mosquito repellents in various types such as mats, refills, coils and liquid vaporizers under the trademark “Good Knight”. According to the plaintiffs, the mosquito repellents with a trademark
























































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