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2017 Supreme(Del) 704

DEEPA SHARMA
JANUKI KUMARI J. B. RANA – Appellant
Versus
ASHOK KUMAR – Respondent


Advocates Appeared:
For the Plaintiffs : Mr. C.M. Lall, Mr. Nancy Roy, Mr. Pranay Sarkar and Mr. Jeetu Sharma.

JUDGMENT :

DEEPA SHARMA, J.

I.A. No. 1215/2017 (O 39 R 1 & 2)

1. The present suit has been filed by the plaintiffs claiming the following reliefs:-

(a) A decree of permanent injunction be passed thereby directing that the Defendants, its proprietor, partners, employees, agents, distributors, franchisees, representatives and assigns be restrained from manufacturing or authorizing the manufacture, selling or offering for sale, marketing, advertising, promoting, displaying or in any other manner whatsoever any sports shoe or footwear and/or any other allied and cognate goods with embossing on the heel of the sole of the shoe "MODEL IN NEPAL", "MADE IN NEPAL", "Design In Nepal", "Design In Nepal", "MADE AS NEPAL", "DESIGN AS NEPAL", "DESIGN FROM NEPAL" or any other line which are deceptively similar to the aforementioned to pass off the goods of the Defendant as that of the Plaintiff and/or using the Plaintiffs Registered Trade mark registered at 1369593, 1668434, 1673434 and 816260 or other deceptively similar trademarks like "GOLDSTAR"/"GOODSTAR'7 "GQLDSTAR" "GOLBSTAR"/"GLOBSTAR"/"
















































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