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2014 Supreme(Del) 1299

JAYANT NATH
Anchor Health and Beauty Care – Appellant
Versus
Procter & Gamble Manufacturing (Tianjin) Co Ltd. – Respondent


Advocates appeared:
For the Plaintiff:Sandeep Sethi, Senior Advocate with Prathiba M. Singh, Karan Bajaj, Advocates.
For the Defendants:A.M. Singhvi, Sanjay Jain, Senior Advocates with Prashant Gupta, Bhardwaj Jaishankar, Advocates.

Judgment

Jayant Nath, J.

1. The present application is filed by the plaintiff seeking an interim injunction to restrain the defendants no. 1 to 3 in any manner using the mark/expression “ALL-AROUND PROTECTION”/“ALLROUNDER” either as a trade mark, trading style or in any other manner especially in relation to toothpaste. Other reliefs are also sought.

2. The accompanying plaint is filed by the plaintiff seeking a relief of permanent injunction and other connected reliefs in relation to its registered trademark “ALLROUND” or the mark/expression “ALLROUND PROTECTION”. As per the averments in the plaint for the trademark “ALLROUND” the plaintiff applied for registration on 2nd September 2005 and the registration was granted on 26th August 2008. It is urged that the said trademark has been used by the plaintiff extensively thereafter. The said mark is a well known mark and extensively associated with the plaintiff and its activities. The plaintiff avers to have used the mark “Anchor ALL ROUND PROTECTION” extensively with huge publicity in international print and electronic media. The annual sales turn-over of the plaintiff for the years 2006-12 is said to be above `300 crores. It is fu




















































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