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2010 Supreme(Del) 155

BADAR DURREZ AHMED, VEENA BIRBAL
NESTLE INDIA LIMITED – Appellant
Versus
MOOD HOSPITALITY PRIVATE LIMITED – Respondent


Advocates Appeared
For the Petitioner:Mr Sudhir Chandra, Sr Advocate with Mr Hemant Singh, Ms Mamta R. Jha and Mr Manish K. Mishra
For the Respondent:Mr Rajiv Nayar, Sr Advocate with Mr Ashish Wad with Mr Suchinto Chatterji, Mr Chirag Dave, Mr Sameer Abhyankar, Ms Surbhi Aggarwal and Mr Sanjay Samdarshi

JUDGMENT

BADAR DURREZ AHMED, J

1. This appeal is from the order dated 01.07.2009 passed by a learned Single Judge of this court in IA No.7040/2008, which was an application under Order 39 Rules 1 & 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC‘) in a civil suit [CS(OS) 1122/2008]. By virtue of the impugned order, the appellant (defendant) has been restrained, till the disposal of the suit, from infringing‘ the respondent‘s (plaintiff‘s) registered trademark per se or in conjunction with any logo/mark/letters, or otherwise trading under the mark or any other deceptively similar mark thereto or colourable imitation thereof, whether by using the expression by itself or as part of any other mark/name in respect of goods covered by the registration obtained by the respondent. The appellant has also been restrained from, in any manner, using the mark per se or in conjunction with any other logo/mark/letters or any other mark deceptively similar thereto, so as to pass-off or enable or assist others to pass-off their business and products as those of the respondent.


2. The respondent claims to have the following registered trademarks:


Trademark Trademark No.













































































































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