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1995 Supreme(Del) 448

N.G.NANDI
KULDIP SINGH TRADING AS SAINI SPARES – Appellant
Versus
S. K. AUTO INDUSTRIES – Respondent


Advocates Appeared:
K.L.AGARWAL, M.R.Bhalerao, PANKAJ LUTHRA, S.K.AGRAWAL

N. G. Nandi

( 1 ) IN the suit, challenging the infringement by the defendants, of the plaintiffs registered trade mark "saini" in relation to the manufacturing and marketting of hydraulic Brake Parts for motor land vehicles, all spare parts for motor land vehicles, oil seals and filters of all kinds, helmet, switches, lighting signals, electric starters, headlights, parts and fittings thereof, for motor land vehicles and the artistic carton/ label with the said trade mark, the plaintiff, by this IA seeks to restrain the defendants from manufacturing, selling, offering for sale or otherwise dealing in the clutch system containing clutch plates, cover assemblies and lever kit minor for use in the motor land vehicle under the impugned trade mark/carton/label entitled "saini" or any other identical with and/or deceptively similar trade mark/carton/label, pending the hearing and disposal of the suit.

( 2 ) THE say of the plaintiff is that the plaintiff has been using his fanciful trade mark "saini" for the business of manufacturing and marketting of hydraulic brake Parts for motor land vehicles, all spare parts for motor land vehicles, oil seals and filters of all kinds, helmet, switches












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