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2007 Supreme(Del) 103

A.K.SIKRI
HONDA GIKEN KOGYO KABUSHIKI KAISHA – Appellant
Versus
RAKESH BHRAY – Respondent


Advocates appeared:
For the Plaintiff:Mr. Man Mohan Singh, Advocate.
For the Defendants: Nemo.

JUDGMENT

A.K. Sikri, J.(Oral)-The plaintiff has filed this suit seeking permanent injunction, delivery up and damages, etc. against the defendants on , the ground that the defendants are infringing the plaintiffs trademark HONDA. The plaintiff, as noted in detail hereinafter, is the reputed manufacturer of automobile including cars, scooters and motor-cycles, etc. under the trade name HONDA. The plaintiff wants to restrain the defendants from using the trademark HONDA/HANDA in respect of their goods namely welding electrodes. The averments on the basis of which the suit is filed are as follows:

Plaintiff is a limited liability company incorporated under the Laws of Japan as Honda Giken Kogyo Kabushiki Kaisha, also trading as Honda Motor Co. Ltd., with its registered office ill Japan and Sh. Sudhir D. Ahuja is the constituted attorney of the plaintiff company. Plaintiff adopted the expression HONDA as the key and principal feature of its trademark and trade identity ever since incorporation in the year 1948, and has been manufacturing and selling motor cycles, motor cars, power equipments, among many goods, under the above said trademark. The plaintiff has been conducting its commerc






















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