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2016 Supreme(Del) 4528

PRADEEP NANDRAJOG, YOGESH KHANNA
PRIUS AUTO INDUSTRIES LTD – Appellant
Versus
TOYOTA JIDOSHA KABUSHIKI KAISHA – Respondent


Advocates Appeared:
For the Appellant : Mr. Sandeep Sethi and Ms. Pratibha M. Singh, Mr. Sudeep Chatterjee, Mr. Archana Sahadeva and Mr. Kapil Midha
For the Respondents: Mr. Pravin Anand, Ms. Vaishali Mittal, Ms. D. Neha Reddy, Mr. Siddhant Chamola and Ms. Mrinali Menon

JUDGMENT :

PRADEEP NANDRAJOG, J.

1. As recorded in the order dated December 16, 2016, the present decision decides limited issue concerning the impugned judgment and decree dated July 08, 2016. Leaving open the issue of damages awarded against the appellants and in favour of the respondents, as was agreed when order dated December 16, 2016 was passed, the legality of the impugned decree concerning permanent injunction against the appellants pertaining to the trade mark Prius is being decided by this order.

2. Toyota Jidosha Kabushiki Kaisha (hereinafter referred to as Toyota) instituted a suit, impleading Deepak Mangal and Sandeep Verma as defendants No.1 and 2, pleading that they are the partners of the firm M/s Prius Auto Industries, impleaded as defendant No.3. M/s Prius Auto Accessories Pvt. Ltd. was impleaded as defendant No. 4. It was pleaded that defendant No.4 was carrying on business along with defendants No.1 to 3 as a sister concern of defendant No.3.

3. It was pleaded that Toyota is an internationally known company, in the trade of manufacture and sale of motor vehicles. That Toyota is the registered proprietor of the trade mark TOYOTA in countries abroad and even in India

































































































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