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2014 Supreme(Del) 2034

G.P.MITTAL
Diageo Brands B. V – Appellant
Versus
Khoday Breweries Ltd. – Respondent


Advocates Appeared:
For the Plaintiffs :C.M. Lall, Nancy Roy, Advocates.
For the Defendants :D1 to D15, Gopal Jain, Senior Advocate with Padma Priya, Advocate.

Judgment :

1. By virtue of this application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (CPC), the Plaintiffs seek an ad interim injunction in their favour and against the Defendants in the following terms :-

(i) From either jointly or severally using or attempting to use or asserting any right to use or applying to register or to maintain the applications, or to register any of the trademarks mentioned in paragraph 20 of the plaint or any other trademark similar to any trade mark of any of the Plaintiffs more particularly mentioned in paragraphs 5 to 16 of the plaint, or using or applying for any trademarks containing an essential or prominent element of the trademarks mentioned in paragraphs 5 to 16 of the plaint or in any other manner whatsoever infringing the registered trademarks of the Plaintiffs or in violation of any other rights in the registered trademarks of the Plaintiffs;

(ii) From passing off their goods as and for the goods of the Plaintiffs by the use of any of the marks specifically mentioned in paragraph 20 of the plaint or any other trademark similar to the trademarks of the Plaintiffs more particularly mentioned in pa
























































































































































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