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2021 Supreme(Cal) 354

I. P. MUKERJI, ANIRUDDHA ROY
Shree Ganesh Besan Milll – Appellant
Versus
Ganesh Grains Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Manish Biala, Mrs. Jayati Choudhury, Mr. Ashutosh Upadhyay, Mr. Devesh Ratan, Ms. Ranjana Seal, Advs.
For the Respondent: Mr. Ranjan Bachawat, Sr. Adv., Mr. Debnath Ghosh, Mr. Soumya Roy Choudhury, Mr. Shounak Mitra, Ms. Vaibhavi Pandey, Advs.

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:-

    “a) 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” by selling, manufacturing, marketing, advertising and/or otherwise dealing in any goods or services under the mark “Shree Ganesh” or under any other mark which is identical with or deceptively similar to the petitioners’ registered trademark “Ganesh” in any manner whatsoever;

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

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