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2013 Supreme(Del) 1880

MANMOHAN
Disney Enterprises, Inc – Appellant
Versus
Rajesh Bharti – Respondent


Advocates:
For the Appellant :Mr. Pravin Anand, Advocate with Ms. Tanya Varma, Advocate.
For the Respondent: None.

JUDGMENT :

Manmohan, J.

1. The plaintiff has filed the present suit for permanent injunction restraining infringement of trademark, passing off, damages, rendition of accounts and delivery up of the infringing material etc. The prayer clause in the plaint is reproduced hereinbelow:-

i) An order for permanent injunction restraining the Defendants, their partners or proprietors, their officers, servants, agents and all persons, firms, corporations and associations in active concert or participation with the Defendants from importing, exporting, manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in any product, including but not limited to bags bearing any word mark or character device as may be identical with or deceptively similar to the Plaintiff’s trade mark “Mickey Mouse” and/or any other characters/trade mark amounting to infringement of the Plaintiff’s registered trademarks as detailed above.

ii) An order for permanent injunction restraining the Defendants, their partners or proprietors, their officers, servants, agents and all persons, firms, corporations and associations in active concert or participation with the Defendants from importing, exp


























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