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2006 Supreme(Del) 2352

B.N.CHATURVEDI
JAININDER JAIN – Appellant
Versus
ARIHANT JAIN – Respondent


Advocates Appeared:
AMARJIT SINGH, MAHENDRA RANA, PRAG TRIPATHI, Shallen Bhatia, SUDHIR CHANDRA, Valmiki Mehta


B. N. CHATURVEDI, J.

( 1 ) AT loggerheads, in these proceedings, are the members of same family, who would have, perhaps, been well advised to strive to sort out amicably their ongoing dispute over use of trademark "kangaro" instead of slugging it out by entangling themselves in multifarious litigious bouts.

( 2 ) THE origin of present proceedings can be traced to an injunction order passed in CS (OS) No. 156/2004, filed by the petitioners, inter alia seeking permanent injunction restraining the respondents from using the trademark "kangaro", which was claimed to have fallen to the share of petitioner No. 1 by virtue of a family settlement dated 10th / 14th April, 1995. The aforesaid suit was filed before the District Court, Ludhiana, on 7th january, 1997, wherein after hearing the parties an order to the following effect was passed :"the application under Section 8 of the New Arbitration Act has been dismissed as not pressed. Learned counsel for respondents No. 1 to 4 claims that he is the registered owner of Trade Mark Kangaru. Plaintiff No. 1 claims that he is using the same as owner. Let status quo regarding use of trade mark be maintained and w. s. be filed on 10. 1. 1997".
















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