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2014 Supreme(Del) 1571

N.V.RAMANA, RAJIV SAHAI ENDLAW
Procter & Gamble Manufacturing (Tianjin) Co. – Appellant
Versus
Anchor Health & Beauty Care – Respondent


Advocates appeared:
For the Appellants:Dr. A.M. Singhvi, Sanjay Jain, Sr. Advocates, Prashant Gupta, Priya
Rao, Taapsi Johri, Ruchi, Rajul Jain, Advocates.
For the Respondent:Sandeep Sethi, Pratibha M. Singh, Sr. Advocates, Mayur Gala, Archana Sachdeva, Prashanth Kumar, Advocates.

Judgment :

Rajiv Sahai Endlaw, J.

1. This appeal under Order XLIII Rule 1 (r) of the Code of Civil Procedure, 1908 impugns the order dated 9th May, 2014 of the learned Single Judge of this Court (exercising Ordinary Original Civil Jurisdiction) in CS(OS) No.1431/2013 filed by the respondent/plaintiff, of allowing IA No.11461/2013 of the respondent/plaintiff under Order XXXIX Rules 1&2 CPC and restraining the appellants/defendants, during the pendency of the suit, from using the trademark ?ALL-AROUND PROTECTION/?ALLROUNDER or any other mark deceptively similar to the respondent/plaintiff‘s trademark ?ALLROUND.

2. The learned Single Judge having made the order of interim injunction aforesaid operational after four weeks from pronouncing thereof, we have with consent heard the counsels on the appeal itself at the admission stage. 3. The respondent/plaintiff instituted the suit from which this appeal arises, pleading:

(i) that the respondent/plaintiff is a leading Fast Moving Consumer Goods (FMCG) company and a part of the Anchor Group of companies; though the said group initially entered into the electrical products, but has subsequently expanded its activities into various other pro



























































































































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