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2021 Supreme(Cal) 550

DEBANGSU BASAK
Salt Lake Society For Hotel Management – Appellant
Versus
Gazi Murshidul Arefin – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.N Mookherjee, Mr. Soumabho Ghose, Adv., Mr. Arunabha Deb, Adv., Mr. Tanmoy Chakraborty, Adv., Ms. Ashika Daga, Adv., Ms. Tiana Bhattacharyya, Adv., Mr. Tirthankar Das, Adv.
For the Respondent: Mr. Ranjan Bachawat, Sr. Adv., Mr. Sudip Ghosh, Adv., Mr. Supriyo Chattopadhyay, Adv., Ms. Saswati Adhikary, Adv., Ms. Arunima Lala, Adv.

JUDGMENT :

1. In a suit for infringement of the registered trademark of the plaintiffs and for passing off of the business and marks of the plaintiffs by the defendants, the plaintiffs have sought interim protection in this application. This application has been heard after completion of affidavits.

2. Learned senior advocate appearing for the plaintiffs has submitted that, since December 19, 1994 the plaintiff No. 1 has been operating as “IIHM” with the abbreviation “IIHM” forming a distinct and prominent part of its registered trademarks. The trademarks have been registered in classes 41 and 35. The registration of the trademark under class 35 has expired on April 24, 2017. The plaintiffs have applied for renewal of the same which is pending. The trademark registration in respect of class 41 has been renewed till July 17, 2027. He has contended that, the mark and/or letters “IIHM” is the dominant and essential part of the trademark registrations of the plaintiffs.

3. Learned senior advocate appearing for the plaintiffs has submitted that, the plaintiffs have been using the trademarks and the abbreviation “IIHM” extensively and have advertised the same with wide publicity in various

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