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2017 Supreme(Del) 3343

YOGESH KHANNA
Orient Ceramics And Industries Ltd. – Appellant
Versus
Square Ceramic Private Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Anshuj Dhingra, Mr. Kartik Sethi

JUDGMENT :

Yogesh Khanna, J.

1. The plaintiff seeks decree for permanent injunction restraining the defendants, their directors, agents, assignees, distributors, servants or any other person claiming under or through them from in any manner dealing with, manufacturing, exporting, selling, offering for sale, exhibiting, advertising, directly or indirectly dealing with tiles or cognate/allied goods under the trade mark of the plaintiff company "ORIENT" or any other identical/deceptively similar mark of the plaintiffs mark "ORIENT" including deceptively similar name "ORI?NTO" amounting to passing off the defendant's goods as and those of the Plaintiff and also seeking a decree for an amount of Rs.50,00,000/- on account of damages on the following averments:-

(a) the plaintiff company i.e. Orient Ceramics and Industries Limited alleges to be market leader in manufacturing and sale of premium quality ceramic and vitrified tiles throughout India with reputed ISO 9001:2008 and engaged in the manufacturing of tiles, which are used on walls &floors of buildings, houses and hotels (Bathrooms, kitchens and even in living rooms, bedrooms, etc.) and sell it under trade mark/name "ORIENT TILES";

(b)






















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