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2007 Supreme(Del) 1693

A.K.SIKRI
Yonex Kabushiki Kaisha – Appellant
Versus
Phillips International – Respondent


Advocates Appeared:
Mr. Saikrishna, Advocate
Mr. Ankush Mahajan, Advocate
Mr. Siddharth Chopra, Advocate
Ms. Binu Sharma, Advocate
Mr. Amarjeet Singh, Advocate Mr. Gurpreet Singh, Advocate

A.K. SIKRI, J.

1. By means of this application filed under Order 39 Rules 1 and 2 of the Civil Procedure Code. The plaintiff is seeking ad-interim injunction whereby the plaintiff intends to restrain the defendant from manufacturing, marketing, advertising and in any manner dealing in goods or services using the mark/name YONEKA or any other mark/name which is allegedly identical or deceptively similar to the plaintiffs trademark YONEX. The plaintiff, M/s. YONEX Kabushiki Kaisha, is a company incorporated under the laws of Japan and claims that it is world leader in the field of manufacturing and marketing of sports equipment primarily Badminton, Tennis and Golf. Yoneyama Company, the plaintiffs predecessors in business, evolved into the manufacturing of badminton racquets in 1957 and attained huge success. In 1969, it diversified into the tennis racquet. In 1973, the plaintiff changed their company and brand name to YONEX and also adopted a unique and distinctive appearance for the goods of their manufacture in order to distinguish their world class products from those of the others, by introducing the new “YY” logo along with blue and green colour striped background to their






































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