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2009 Supreme(Del) 47

SANJIV KHANNA
LOWENBRAU AG – Appellant
Versus
JAGPIN BREWERIES LTD. – Respondent


Advocates Appeared:
Mr. Sudhir Agarwal, Sr.Advocate with Mr. Hemant Singh, Ms. Mamta Jha, Mr. Aparajit Bhattacharya, Ms. Megha Sen and Mr. Manish K. Mishra, Advocates.
Mr. Shailen Bhatia and Ms. Ekta Nayar Saini, Advocates.

SANJIV KHANNA, J:

1. This Order will dispose of the application for interim injunction, I.A. No. 11355/2007 and the application for vacation of the ex parte interim injunction order, IA No.13772/2007.

2. Lowenbrau AG and InBev India International Pvt. Ltd. (hereinafter collectively referred to as the plaintiffs, for short) have filed the present suit for permanent injunction, rendition of accounts, mandatory injunction in form of delivery up against Jagpin Breweries Ltd and Lowenbrau Buttenheim (hereinafter collectively referred to as the defendants, for short). The plaintiffs claim exclusive right to use the mark/word LOWENBRAU, device of lion and seek a restraint order against the defendants from using the mark LOWENBRAU, device of lion or any other trade mark or device mark identical or deceptively similar. By an ex parte injunction order dated 3rd October, 2007 the defendants have been restrained from manufacturing, selling and advertising under the mark/word LOWENBRAU, device of lion or any other trade mark/device mark identical or deceptively similar to the said mark or device.

3. Lowenbrau A.G., plaintiff no.1 and Lowenbrau Buttenheim, defendant no.2 are entities incorporate



































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