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2002 Supreme(Del) 1140

DALVEER BHANDARI, VIKRAMAJIT SEN
MADHUBHAN HOLIDAY INN – Appellant
Versus
HOLIDAY INN INC – Respondent


Advocates Appeared:
J.S.Arora, Navin Chawla

DALVEER BHANDARI

( 1 ) THESE appeals are directed against the judgment and decree passed by the learned Single Judge in Suit nos. 1626 of 1983 and 1627 of 1983. both the suits were clubbed and evidence was recorded only in suit No. 1626 of 1983 titled Holiday Inns Inc vs Kapoor holiday Inn and on the strength of the evidence In the said case both the suits were disposed of by a common judgment and decree dated 21. 5. 1986. The appellants herein are defendants in suits and the respondent herein is the plaintiff.

( 2 ) THE respondent company. Holiday Inn Inc is a registered company of the United States of America and has acquired global reputation. The respondent learnt that the appellants were using the words "holiday Inn" on its visiting cards, menu cards, tariff cards, stationery and other printed materials relating to its lodgings and restaurant, towels, crockery, cutlery, key chains/rings and diverse goods relating to its lodgings and restaurant. The said use was in flagrant violation of the respondent s trade mark "holiday Inn". The respondent gave a "cease and desist notice" to the appellants, but despite the service of notice the appellants neither replied to the said notice n























































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