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2001 Supreme(Del) 1225

V.S.AGGARWAL
J K CORPORATION LIMITED – Appellant
Versus
PRATIBHA CEMENT PRIVATE LIMITED – Respondent


Advocates Appeared:
Gitanjali Duggal, NIL MASON

V. S. AGGARWAL

( 1 ) J. K. CORPORATION Limited, hereinafter described as the plaintiff, has filed the present suit for permanent injunction to restrain the defendant (Pratibha Cement (P) Ltd), its proprietor or partner, its principal officers, servants or distributors from using the trade mark VSK Lakshmi cement together with three petalled lotus device or any other trade mark or device which is identical with or deceptively similar to the plaintiff s trade mark Lakshmi cement and in this process not to infringe the plaintiff s trade mark registration no. 464272. It also prays to restrain the defendant or its partners, officers or servants from reproducing any of the artistic feature of the plaintiff s trade dress in any material form amounting to an infringement of plaintiff s copyright. Thirdly, permanent injunction is prayed to direct the defendant not to advertise, manufacture, sel1 or offer for sale the cement under the trade mark VSK Lakshmi cement together with three petalled lotus device in the bags identical to that of the plaintiff referred to above. It prays for an order. of delivery of the stocks including containers, labels for purposed of destruction of the same by t












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