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2008 Supreme(Del) 138

T.S.THAKUR, VEENA BIRBAL
LARSEN & TOUBRO LIMITED – Appellant
Versus
LACHMI NARAIN TRADES – Respondent


Advocates appeared
Mr. A.S. Chandhiok, Sr. adv. with Mr. Sharukh Kanthawala, Ms. Purnima Sethi, Mr. Ashish Wad, Mr. Neeraj Kumar, Mr. Chirag Dave, advs.
Mr. Neeraj .K. Kaul, Sr. Adv. with Mr. Rishi Aggarwal, Mr. Akshay Ringe, advs.

Judgment

T.S.Thakur, J:

This appeal arises out of an order dated 28th July, 2006 passed by a learned Single Judge of this Court whereby an ad interim order of injunction earlier issued against the defendant-respondent herein has been made absolute with the modification that the defendant can continue to use the alphabets LNT in an explanatory extended form as given in the order to avoid the likelihood of any confusion that the goods being sold by it are those of the plaintiff-appellant.

Dissatisfied with the said order even the defendant-respondent has filed cross objections inter alia challenging the findings recorded by the learned Single Judge that the adoption and use of the trade mark LNT by it is malafide and intended to take advantage of the tremendous reputation which the plaintiff-appellant has earned in the commercial world. The controversy arises in the following backdrop:

2. The appellant Larsen and Toubro Ltd. for short L&T is engaged in diverse business activities including transportation and infrastructural development, finance, information technology within and outside this country. Nearly a dozen subsidiary companies using the L&T prefix with their names have been i






























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