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2019 Supreme(Cal) 234

SAHIDULLAH MUNSHI
Tea Board, India – Appellant
Versus
Itc Limited – Respondent


Advocates Appeared:
Vipul Kundalia, Adv., Sonal Agarwal, Adv., Anindya Kumar Mitra, Adv., Sarvapriyo Mukherjee, Adv., Paritosh Sinha, Adv., Mitul Dasgupta, Adv., Kiranjit Mazumder, Adv., Soumya Sen, Adv., Joydeep Roy, Adv., Arijit Dey, Adv.

JUDGMENT :

Sahidullah Munshi, J.

The Court : This is a suit, inter alia, for the following reliefs made by the plaintiff in the plaint

i. "Leave under clause 14 of the Letters patent;

ii. A perpetual injunction restraining the defendant, by itself, or by its directors, or officers, or servants, or agents or employees or assigns as well as all those acting in concert with it or on its behalf or claiming under or through it or otherwise however from using or conducting or marketing in any manner or in any way carrying on its business at the said hotel by using in any manner whatsoever the impugned name "DARJEELING LOUNGE: or any other name or mark or word which is phonetically or structurally similar or identical or deceptively similar to the registered geographical indications "DARJEELING" name and logo in the name of the plaintiff in any manner or for any purpose whatsoever;

iii. Perpetual injunction restraining the defendant, by itself, or by its directors, or officers, or servants, or agents, or employees or assigns as well as all those acting in concert with it or on its behalf or claiming under or through it or otherwise howsoever from in any manner, committing any acts of unfair co

























































































































































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