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2014 Supreme(Del) 1593

RAJIV SAHAI ENDLAW
Allied Blenders & Distillers Pvt. Ltd. – Appellant
Versus
Shree Nath Heritage Liquor Pvt. Ltd. – Respondent


Advocates Appeared:
For the Plaintiff :T.R. Andhyarujina, Rajiv Nayar, Sr. Advocates, With Shrawan Chopra, T. Saukshmya, Advocates.
For the Defendant :Sanjay Jain, Sr. Advocate with Sumit Rajput, Aastha Jain, Sarfaraz Ahmad, Rajul Jain, Advocates.

Judgment :

Rajiv Sahai Endlaw, J.

IA No.20759/2013 (of the plaintiff u/O XXXIX Rules 1&2 CPC)

1. The plaintiff has instituted this suit for permanent injunction restraining the defendant from selling, distributing, advertising or dealing in alcoholic beverages especially Indian made Foreign Liquor (IMFL) or goods of any description bearing the trade mark “Collector’s Choice” or any other mark deceptively similar to the plaintiff’s trade mark “Officer’s Choice” and amounting to infringement of the plaintiff’s registered trade mark and / or amounting to passing off the defendant’s goods and business as those of the plaintiff and from taking unfair advantage of or causing detriment to the reputation of the plaintiff’s trade / label mark “Officer’s Choice” and for the ancillary relief of delivery and destruction of infringing goods.

2. Summons of the suit were issued and vide ex parte ad-interim order dated 19.12.2013 which continues to be in force, the defendant was restrained from manufacturing, selling, exporting, importing, offering for sale, distributing, advertising or dealing in alcoholic beverages especially IMFL and goods of any description bearing the trade mark “Collector’s Ch












































































































































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