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2017 Supreme(Del) 3691

MUKTA GUPTA
ICON HEALTH AND FITNES, INC. – Appellant
Versus
SHERIFF USMAN – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Pravin Anand, Ms. Prachi Agarwal and Mrinali Menon, Advocates.

JUDGMENT :

MUKTA GUPTA, J.

I.A. No. 9876/2017 (under Order VIII Rule 10 CPC-by plaintiff)

1. By this application the plaintiff seeks judgment for the reason the right of the defendants to file written statement has been closed and defendants have been proceeded ex-parte.

2. Application is disposed of pronouncing the judgment in favour of the plaintiff and against the defendants.

CS(COMM) 216/2016

1. By the present suit, plaintiff seeks the following reliefs:

(a) An order of permanent injunction restraining the Defendants, their principal officers, servants, agents, their affiliates, subsidiaries, distributors, and all others acting for and on their behalf from using the mark/name/domain name ifit and/or any other mark/name, including as a label or device, which incorporates, is identical or deceptively or confusingly similar to the Plaintiff’s trademark ifit in any manner and for fitness related goods or services, so as to cause confusion or deception leading to passing off of the defendants’ goods or business as those of the Plaintiff;

(b) An order for permanent injunction restraining the defendants, their principal officers, servants, agents, their affiliates, subsidiaries, distributors,














































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