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2017 Supreme(Del) 3679

MANMOHAN
Mankind Pharma Limited – Appellant
Versus
Sham Lal – Respondent


Advocate Appeared:
For the Plaintiff :Ms. Ishanki Gupta with Mr. Harsh Vardhan, Advocates

JUDGMENT :

MANMOHAN, J.

I.A. 12855/2017

1. Present application has been filed under Order VIII Rule 10 read with Section 151 CPC.

2. It is pertinent to mention that the present suit has been filed seeking a permanent injunction for passing off, infringement of trademark, rendition of accounts, delivery up etc. against the defendants. At the outset, learned counsel for plaintiff stated that she is pressing only prayers 42(a), (b), (c) and (f) of the plaint. The said prayers are reproduced hereinbelow:-

“(a) A decree for perpetual injunction restraining the defendants either by themselves or through their dealers, distributors, stockiest agents, associates, employees servants, and/or assigns from infringing the plaintiff’s trade mark/trade name MANKIND and series of marks with the suffix/prefix ‘KIND’ in any manner whatsoever;

(b) A decree for perpetual injunction restraining the defendants either by themselves or through their dealers, distributors, stockiest agents, associates, employees servants, and/or assigns from trading and/or selling and/or dealing and/or advertising including advertising and selling on internet and/or rendering services under the trade name MANKIND MERCHANDISE PRI




























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