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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.I. CHAGLA, J
Tilaknagar Industries Ltd. – Appellant
Versus
Herman Jansen Beverages Nederland B.v. – Respondent
ORDER :
[R.I. CHAGLA J.]
1. Notice of Motion No. 1287 of 2010 has been filed by the Counter Claimant – Tilaknagar Industries Ltd. (for convenience referred to as “Tilaknagar”) seeking an injunction restraining the Defendants to the Counter Claim from manufacturing and/or bottling and/or marketing and/or trading in and/or otherwise dealing in the alcoholic products and like goods bearing the trademarks MANSION HOUSE and/or SAVOY CLUB or any other trademark deceptively similar to the Tilaknagar’s well known trademarks MANSION HOUSE and SAVOY CLUB so as to commit the tort of passing off.
2. Interim Application (L) No. 16999 of 2023 has been taken out by the Applicant - Allied Blenders and Distillers Private Limited (for convenience referred to as “ABD”) who is Defendant No.3 to the Counter Claim for leave to introduce products in the State of West Bengal under the trade mark MANSION HOUSE into the market in terms of label registrations secured by ABD in the State of West Bengal.
3. The above Notice of Motion and Interim Application have been heard together and are being collectively disposed of.
4. A brief background of facts is necessary :-
(i) Since 1983, Tilaknagar has been manufacturing
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