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2017 Supreme(Del) 3312

RAJIV SAHAI ENDLAW
Radico Khaitan Ltd. – Appellant
Versus
Nakshatra Distilleries & Breweries Ltd. – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Sudhir Chandra, Sr. Advocate with Ms. Ishani Chandra, Mr. Sagar Chandra and Mr. Ankit Rastogi, Advocates.
For the Defendants :Mr. Hemant Singh, Mr. Shashi P. Ojha and Mr. Madhav, Advocates.

JUDGMENT :

Mr. Rajiv Sahai Endlaw, J.

IA No.13501/2015 (under Order 7, Rule 11 of the CPC).

1. The defendants viz. Nakshatra Distilleries & Breweries Ltd. and Waterfield Spirits Pvt. Ltd. in this suit (for injunction to restrain the defendants (i) from launching, selling, manufacturing, marketing, offering for sale or in any manner dealing in any alcoholic beverages including but not limited to Gin, Rum and Vodka under the mark “GOA” and “GO4” and/or any other mark which is identical or deceptively similar to plaintiff’s trade mark “GOA” amounting to infringement of the registered trade mark Nos.628446 and 629645 in Class 33 in favour of the plaintiff; and, (ii) from passing off their goods as that of the plaintiff and for ancillary reliefs), seek rejection of the plaint on the ground of this Court not having territorial jurisdiction to entertain the suit.

2. The application of the plaintiff being IA No.17297/2015 for amendment of the plaint, filed after this application under Order 7, Rule 11 of the Code of Civil Procedure, 1908 (CPC) is also pending consideration. Though an appli






























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