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2018 Supreme(Bom) 1907

B.R.GAVAI, RIYAZ I.CHAGLA
Eurobond Industries Private Limited – Appellant
Versus
Euro Panel Products Pvt. Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ravi Kadam, Senior Advocate a/w Mr. Ashish Kamat I/by Mr. Jitendra M. Pathade, Advocate
For the Respondent:Mr. Aspi Chinoy, Senior Advocate a/w Mr. Kevic Setalvad, Senior Advocate, Mr. S. K. Srivastav, Mr. Kushal A. Amin, Mr. Gaurav Srivastav, Ms. Manorama Mohanty and Mr. A. P. Singh I/by M/s. S. K. Srivastav and Company, Advocate Ms. Leena Sapra, Advocate

JUDGMENT :

B. R. GAVAI, J

1. The Appeal challenges the judgment and order dated 15th June 2015, passed by the learned Single Judge of this Court in Notice of Motion (L) No.2854 of 2014 in Suit No.1017 of 2014, thereby granting an injunction against the present Appellant in respect of the EUROBOND registered trademark under No.1165712 in Class 6 in respect of any goods falling within Class 6 of the Schedule IV to the Trade Marks Rules, 2002.

2. The facts in brief giving rise to the present Appeal are as under :

It is the case of the Plaintiffs that in or around 2002, the Plaintiff No.2, which was the then Private Limited Company, conceived of the marks “EURO” and “EUROBOND” and EURO device of 'a globe depicted within the letter 'U'.' The Plaintiffs applied on 10th January 2003 for registration of the EURO device with the word EUROBOND written below the device, as trademark in Class 6 in respect of aluminum composite panels. The said registration has been granted on 29th April 2005, however, with effect from 10th January 2003. The Plaintiff No.2 has also registered various other EU





























































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