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2011 Supreme(Del) 447

V.K.JAIN
Greaves Cotton Limited – Appellant
Versus
Mohammad Rafi – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Saurabh Banerjee, Adv.
For Respondents/Defendant: Dinesh Mehra, Adv.

JUDGMENT

V.K. Jain, J.

1. This is a suit for permanent & mandatory injunction, damages, rendition of accounts and delivering up of infringing material. The Plaintiff company is engaged in the manufacture of a wide range of industrial products including diesel engines, generating sets, agro equipments, construction equipments and road construction equipments. It is claimed that the word/mark "Greaves" is an essential and prominent feature of Plaintiff's trade name, corporate name and business style and the trademark "GREAVES" is the surname of the founder of the Plaintiff's predecessor "Greaves Cotton And Company Limited". Other groups companies of the Plaintiff are Greaves Leasing Finance Limited, Greaves Midwest Engineering Company Limited, Crompton Greaves Limited, Dee Greaves Limited, Piaggio Greaves Vehicles Limited and Greaves Farymann Diesel GMBH. It is also alleged that "GREAVES" is the principal trademark of the Plaintiff company and is exclusively associated with the products, business and activities of the Plaintiff company and its subsidiary/associate companies. The Plaintiff company holds the following registrations in its favour:

Sl. No.

Trademark

Goods

Class


1.

Greaves C




























































































































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