I. P. MUKERJI, ANIRUDDHA ROY
Shree Ganesh Besan Milll – Appellant
Versus
Ganesh Grains Limited – Respondent
JUDGMENT :
I.P. MUKERJI, J.
SUMMARY OF FACTS
1. This is a trademark appeal in this court’s Commercial Division.
1. It is from a judgment and order dated 15th March, 2021 read with the order dated 17th March, 2021, in terms of prayers (a), (b), and (c) of the petition, made by the learned Interlocutory judge on an interim application filed by the respondent plaintiffs, in the suit, inter alia, complaining of infringement of their registered word mark “Ganesh” by the appellant/defendants.
Prayers (a), (b) and (c) are inserted below:-
b) The respondents, their men, servants, agents, assigns, dealers, distributors and/or any one claiming on their behalf be restrained from infringing the petitioners’ registered trademark “Ganesh
American Cynamid Vs. Ethicon case reported in (1975) AC 396
Dalpat Kumar and Anr. vs. Prahlad Singh and Anr. reported in (1992) 1 SCC 719
Midas Hygiene Industries (P) Ltd. and Anr. Vs. Sudhir Bhatia and Ors. reported in (2004) 3 SCC 90
Patel Field Marshal Agencies vs. P.M. Diesels Limited and Ors.
Precious Gems and Anr. Vs. Varun reported in (2015) 1 SCC 160
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