MANMOHAN SINGH
EICHER GOODEARTH PVT LTD – Appellant
Versus
KRISHNA MEHTA – Respondent
MANMOHAN SINGH, J.
1. The plaintiff has filed a suit for permanent injunction, passing off, unfair competition, dilution, rendition of accounts and damages etc. against the defendants. Along with the suit, the plaintiff has also filed an application for injunction. The matter was listed before Court on 1st May, 2014 when the summons were issued to the defendants. In the interim application, after hearing, the Court restrained the defendants and their family members, partners/promoters, Directors, servants, agents, franchisees or any one acting for on their behalf from making, selling, offering for sale, advertising, directly or indirectly dealing in any kind of products with motifs, logos, patterns and designs being an obvious and fraudulent imitation of the plaintiffs motifs, logos, patterns and designs on products including Serai, Periyar, Vrindavan, Lotus, Bali Mynah, Rose Princess and Falcon or any other such motifs/designs/works of the plaintiff in any manner whatsoever and doing anything to cause confusion or deception amongst the consumers.
2. Upon service,
Bharat Glass Tube Limited v. Gopal Glass Works Limited AIR 2008 SC 2520
Century Traders vs. Roshan Lal Duggar 15(1979) DLT 269
Laxmikant V. Patel vs. Chetanbhat Shah & Anr.
Micolube India Limited vs Rakesh Kumar Trading as Saurab Industries & Ors. 200(2013) DLT 322
Nova Ball Bearing Industries vs. Mico Ball Bearing
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