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2010 Supreme(Del) 34

S.RAVINDRA BHAT
VARDHMAN PROPERTIES LTD. CA – Appellant
Versus
VARDHMAN DEVELOPERS & INFRASTRUCTURES – Respondent


Advocates appeared
For the Plaintiff:Mr. Sanjay Goswami, Advocate.
For the Defendant:Mr. Neeraj Kishan Kaul, Sr. Advocate with Mr. Sagar Pathak, Mr.
Bhwan Mishra and Mr. Abhishek Singh, Advocates.

JUDGMENT

I.A. Nos. 7674/2006, 8107/2006 and 6319/2008

S. Ravindra Bhat, J. (Open Court)-The plaintiff in the suit, claims permanent injunction to restrain the defendant from using its name and trademark "VARDHAMAN GROUP" and "VARDHAMAN". The plaintiff also seeks other consequential reliefs, such as compensation, decree for accounts, and so on.

2. The plaintiff says that its associate companies are known as the VARDHAMAN GROUP, and are real estate developers, engaged in that business, since 1982; it is submitted that the plaintiff company and its associates are involved in building projects; in the Delhi and NCR region, the group is involved in building projects, including malls, plazas, commercial complexes, etc. According to the averments, the projects are about 250 in number. It is also stated that the trademark registration for the VARDHAMAN GROUP and logo under the Trademarks Act (hereafter "the Act") were applied for by the plaintiff, on 18.9.1998 and 2.7.2000; the marks were registered on 21.4.2005 and 11.1.2005; the plaintiff relies on copies of registration certificates, issued in this regard, by the Trademarks Registry, for the purpose.

3. The plaintiff claims to becoming awa





































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