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2015 Supreme(Del) 4386

JAYANT NATH
Lalit Kumar Arya – Appellant
Versus
Prabhat Zarda Factory International (Noida), Prabhat Zarda Factory Co. – Respondent


For the Plaintiffs :Mr. Sushant Singh and Mr. Sandeep Sharma, Advocates.
For the Defendant :Mr. A.K. Trivedi, Mr. Avinash Trivedi and Ms. Ritika Trivedi, Advocates.

JUDGMENT :

Jayant Nath, J.:-

IA No. 16580/2014 in CS (OS) 2622/2014 & IA Nos. 20893/2014 & 24158/2014 in CS (OS) 3242/2014

1. These two suits are filed by the plaintiff seeking identical reliefs against the defendants pertaining to alleged infringement of rights of the plaintiff in the registered trademark RATNA and RATNACHHAP and numeral 300 and Prabhat Zafrani Patti as well as the colour scheme, lay out and other features. The plaintiff seeks permanent injunction to restrain the defendants from manufacturing, marketing and selling chewing tobacco/Zafrani Patti, Zarda, Quiwam under the said trademarks. Other connected reliefs are also sought.

2. For the purpose of narration of facts I will deal with the facts of CS(OS)2622/2014. In the present suit IA No. 16580/2014 is filed by the plaintiff seeking interim injunction against the defendant to restrain them from infringing the trademarks of the plaintiff. No ex parte injunction has been granted to the plaintiffs.

3. The present two suits are essentially a family dispute. Plaintiff No. 1 in the present suit is the father while defendant is a firm of which one of the sons of plaintiff No. 1 is the partner. The brief facts as stated in th








































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