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2017 Supreme(Del) 3408

S.P.GARG
R. J. COMPONENTS AND SHAFTS – Appellant
Versus
DEEPAK INDUSTRIES LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sandeep Bhalla & Ms.Isha Bhalla, Advs.
For the Respondent:Mr.R.K.Jain, Advocate.

JUDGMENT :

S.P.GARG, J.

1. Present suit CS(OS) 900/2002 has been preferred by Rajeev Kumar, proprietor trading under the name and style of M/s. R.J.Components & Shafts (hereinafter referred to as ‘the plaintiff’) against M/s.Deepak Industries Limited (hereinafter referred to as ‘first defendant’) and M/s.Gear Components & Shafts (India) Pvt.Ltd. (hereinafter referred to as ‘second defendant’) to restrain them from selling, offering, exposing of advertising for sale or procuring to be sold any such products which might be similar in nature and description of goods of the plaintiff under the trademark NAW or any other trademark identical with and / or deceptively similar to the plaintiff’s registered trademark NAW.

2. It is averred by the plaintiff in the plaint that he is the sole proprietor of its concern M/s.R.J.Components & Shafts carrying on well established and well-reputed business of manufacturing and marketing of interlia ‘gears’ being tractor parts included in class 12. Initially, Ramji Das -his grandfather was the sole proprietor of M/s.R.J.Enterprises. By a deed of assignment dated 14.01.2000, Ramji Das assigned all rights, title and interest in the assignor of well-known tr















































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