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2016 Supreme(Del) 424

PRADEEP NANDRAJOG, MUKTA GUPTA
MAC PERSONAL CARE PVT. LTD. – Appellant
Versus
LAVERANA GMBH and CO. KG – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S.K. Bansal, Advocate with Mr. Vinay Kumar Shukla, Advocate.
For the Respondent:Mr. Manav Kumar, Advocate.

JUDGMENT :

PRADEEP NANDRAJOG, J.

1. Considering the pleadings of the parties and the documents filed, the learned Single Judge has decided IA No.18151/2012 filed by the respondent seeking interim injunction against the appellant pending disposal of the suit as also IA No.19804/2013 filed by the respondent praying that the ex-parte interim order dated September 28, 2012 should be vacated. It is apparent that the decision is in favour of the respondent and against the appellant.

2. Issue concerns respondent’s trademark LAVERA : a latin word meaning ‘the truth’. The respondent claims that registered as a limited liability company in Germany it adopted the trademark LAVERA in early 1980 as an arbitrary word mark in connection with cosmetic product and the product was marketed for the first time in Germany in the year 1982. The product has been marketed world over in various countries. The mark has been registered in several countries namely Germany, Denmark, Hong Kong, Italy, France, Japan, Singapore and Ireland. It was pending registration in India under No.1863388. As per the respondent due to extensive worldwide use of the mark and sale of the cosmetic products the mark has earned good














































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