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2017 Supreme(Del) 1681

INDERMEET KAUR
PARAMOUNT SURGIMED LIMITED – Appellant
Versus
PARAMOUNT BED INDIA PRIVATE LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Amit Sibal, Sr. Adv. with Ms. Bitika Sharma, Mr. Kapil Midha, Mr. Tahir Ashraf Siddiqui, Mr. Rahul Kumar, Mr. Rohan and Ms. Isha Tyagi, Advs.
For the Respondent: Mr. Sudhir Chandra, Sr. Adv. with Mr.Pravin Anand, Ms.Tusha Malhotra and Mr. Kanak Bose, Advs.

JUDGMENT :

INDERMEET KAUR, J.

I.A. No.3682/2017 (under Order XXXIX Rules 1 & 2 of the Code) & I.A. No.4425/2017 (under Order XXXIX Rule 4 of the Code) in CS(COMM) 222/2017

1. The plaintiff Paramount Surgimed Limited is a company duly incorporated under the Indian Companies Act. The products of the plaintiff are manufactured and sold under the mark and name “PARAMOUNT” which is also the prominent part of the corporate name of the plaintiff company. These includes surgical blades, disposable scalpels, stitch cutters, skin graft blades etc. In para 6 of the plaint, it has been stated that the plaintiff company is also manufacturing, exporting and supplying intensive care hospital beds in India through its sister concern M/s United Poly Engineering Pvt. Ltd. which was established in the year 1980. The products of the plaintiff are being exported to over 50 countries. The word “PARAMOUNT” was first adopted by the plaintiff in the year 1993 as part of its corporate name. It is the registered proprietor of mark label “PARAMOUNT” under clause 10 (surgical, medical, dental etc.) as also in class 20 (furniture, mirrors, picture frames etc.) and its first registration dates back to 14.01.2000.


































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