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2002 Supreme(Del) 1537

D.K.JAIN
ATLAS CYCLES (HARYANA) LIMITED – Appellant
Versus
ATLAS PRODUCTS PRIVATE LIMITED – Respondent


Advocates Appeared:
ANURADHA DUTTA, C.A.SUNDARAM, EKTA KAPIL, P.CHIDAMBARAM, Sudhir Makkar

D. K. JAIN

( 1 ) THE plaintiff, M/s. Atlas Cycle (Haryana) Limited, a public limited company, has filed this suit praying for a decree of permanent injunction restraining the defendants from using their trade mark atlas or any other mark or name deceptively or confusingly similar to the said mark either as its trade mark or as part of its corporate name in respect of bicycles and bicycle parts or in any other manner infringing the registered trade mark of the plaintiff and for rendition of accounts etc. There are two defendante; the first defendant being a private limited company, namely, M/s. Atlas Products Private Limited and the second defendant, earlier an Additional joint President (Works) of the plaintiff company and now stated to be one of the promoters of the defendant company along with his wife. Along with the suit, this application under Order 39 Rule 1 and 2 read with section 151 of the Code of Civil Procedure has been filed, seeking ad interim injunction, restraining the defendants from using the trade mark house of ATLAS or any other mark which is deceptively or confusingly similar to the trade mark atlas , during the pendency of the suit.

( 2 ) THE plaintiff s ca





























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