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2007 Supreme(Del) 1584

S.L.BHAYANA, VIKRAMAJIT SEN
ATLAS CYCLES (HARYANA) – Appellant
Versus
ATLAS PRODUCTS – Respondent


Advocates Appeared:
Mr. Sudhir Chandra, Sr. Adv., Mr. Rajeev Nayyar, Sr. Adv. with Mr. Sudhir Makkar & Ms. Meenakshi Singh, Advs.
Mr. C.A. Sundaram, Sr. Adv. with Ms. Ekta Kapil & Mr.Sandeep Mahapatra, Advs.

VIKRAMAJIT SEN, J

1. These two Appeals have been heard together as per the request of learned counsel for the parties. The Appellant is the Plaintiff; the Respondents in the Appeals are the Defendants in the Suit. FAO (OS) 395/2002 is directed against the decision of the Learned Single Judge in IA No. 4197/2002 in Suit No. 882/2002, passed on September 27, 2002. The operative part of the Order reads as follows:- “Consequently, I restrain the defendants from using the trade mark House of Atlas or any other mark which may be deceptively similar to the plaintiffs trade mark Atlas, in respect of bicycles and bicycle parts till the disposal of the suit. However, there will be no injunction in respect of its user as the corporate name of the first defendant.”

2. FAO(OS) 280/2003 assails the Orders dated May 30, 2003 passed by the learned Single Judge in IA No. 9431/2002 in Suit No. 882/2002, of which the operative part reads as follows:- “11. The public notices issued by the respondent do not in any way give an impression to the public at large or their dealers that Court has permitted them to use the word Atlas as their trade mark but it is a notice to the public that henceforth they wil














































































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