R.K.GAUBA
PIRUZ KHAMBATTA – Appellant
Versus
RAJMOHAN RUPAJI MODI – Respondent
1. This civil suit was instituted in November 2014 invoking the original civil jurisdiction of this court seeking reliefs in the nature of permanent injunction, rendition of accounts, damages etc. it primarily being an action arising out of infringement and passing off.
2. The second plaintiff is a company incorporated under the Indian Companies Act with its registered office at 905, Atlanta Tower, Near Knowledge Academy, Gulbai Tekra, Ahmedabad-380015 and a registered branch office at 1203, 12th Floor, Vikrant Tower, Rajendra Place, New Delhi-110 008, plaintiff no.1 being its Chairman.
3. The second plaintiff (the company) claims to have pioneered the concept of soft drink concentrates in India having spearheaded this industry since 1972 introducing flavoured soft drinks which have been hugely popular amongst consumers on account of affordability. It statedly ventured into the business of restaurants under the brand name Rasna ‘Devil’s workshop”, its products having been sold under the trademark “RASNA”. It is stated that “RASNA” is a rare word having all the trappings of an invented/coined word in relation to edible products for human beings. It is the case of the plaintiffs
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