RAJIV SAHAI ENDLAW
BRIGHT ENTERPRISES PRIVATE LIMITED – Appellant
Versus
MJ BIZCRAFT LLP – Respondent
1. The two plaintiffs viz. M/s Bright Enterprises Pvt. Ltd. and M/s AKM Enterprises Pvt. Ltd. have instituted this suit for permanent injunction to restrain the two defendants viz. MJ Bizcraft LLP and Shangri-La’s Eros Hotel from using for any of their business activities the trademark “PRIVEE” or any other trademark or logo/device which is identical to or deceptively similar to the plaintiffs’ trademark “MBD PRIVE” and “PRIVE” or which incorporates the word “PRIVE” or any other trademark or logo or device which is identical to or deceptively similar to the plaintiffs trademark and for ancillary reliefs.
2. Being of a prima facie view that the plaintiffs have not made out any case, the counsel for the plaintiffs was on 22nd July, 2016 heard at length on admission and orders reserved.
3. It is the case of the plaintiffs:
(i) that the plaintiff companies form part of the MBD Group;
(ii) that the plaintiff no.1 and the plaintiff no.2 have made foray into premium and luxury mixed used developments primarily entailing hotel, retail and entertainment under the brand names like “MBD NEOPOLIS” and “MBD PRIVE” which are currently under operation in areas including but not limited to N
Amritdhara Pharmacy Vs. Satya Deo Gupta AIR 1963 SC 449
Cadila Health Care Limited Vs. Cadila Pharmaceuticals Limited (2001) 5 SCC 73
Dr. Zubair Ul Abidin Vs. Sameena Abidin (2014) 214 DLT 340 (DB)
Laxmikant V. Patel Vs. Chetanbai Shah (2002) 3 SCC 65.
Satyam Infoway Ltd. Vs. Sifynet Solutions (P) Ltd. (2004) 6 SCC 145.
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