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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ALOK ARADHE, SANDEEP V.MARNE
UTO Nederland B.V. – Appellant
Versus
Tilaknagar Industries Ltd. – Respondent
JUDGMENT :
Sandeep V. Marne, J.
A. THE CHALLENGE
1) Commercial Appeal No.66/2012 is filed by the Plaintiffs challenging the judgment and order dated 22 December 2011 passed by the learned Single Judge of this Court dismissing Notice of Motion No. 993/2009 filed by the Plaintiffs seeking temporary injunction against the Defendant from passing off by use of the marks ‘MANSION HOUSE’, ‘M.H.’, ‘M.H.B.’ and ‘Savoy Club’ and committing infringement of Plaintiff’s copyrights in labels associated with the said marks. The Defendant has filed Counterclaim in Plaintiff’s suit and in that Counterclaim, the Defendant filed Notice of Motion No. 1287/2010 seeking injunction against the Plaintiffs from manufacturing and/or bottling and/or marking and/or trading and/or otherwise dealing in the alcoholic products and like goods bearing the trademarks ‘MANSION HOUSE’ and ‘SAVOY CLUB’ and other trademark deceptively similar to Defendant’s trademark ‘MANSION HOUSE’ and ‘SAVOY CLUB’ so as to commit the tort of passing off. Notice of Motion No. 1287/2010 filed by the Defendants in its Counterclaim has been dismissed by the learned Single Judge by judgment and order dated 7 February 2025, which is subject ma
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