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2017 Supreme(Del) 4811

VALMIKI J.MEHTA
Godfrey Phillips India Limited – Appellant
Versus
P. T. I. Private Limited – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mr. Mahir Malhotra, Mr. Mukul Mathur, Mr. Devang, Mr. Ravindra Kumar Gautam

JUDGMENT :

Valmiki J. Mehta, J.

1. Plaintiff-Godfrey Phillips India Limited has filed the present suit seeking injunctions, damages, etc alleging infringement of plaintiff’s registered trademarks and passing off. The prayer clauses of the plaint read as under:-

“PRAYER

In view of the aforesaid facts and circumstances, it is humbly prayed to this Hon’ble Court that it may be pleased to pass:

a. A decree of permanent injunction, restraining the defendants, their partners, proprietors, employees, agents, distributors, stockiest, licensees and all others acting for and on his behalf, from:

i. manufacturing, marketing, supplying, distributing, selling, trading, promoting the impugned products under the mark/label FUN GOLD SUPER LEAF (Lable) deceptively similar to the Plaintiff’s registered trademarks including inter alia CAVANDERS GOLD LEAF and the distinctive white, green and gold packaging or any other mark which is identical to or deceptively similarly to the Plaintiff’s said registered marks, and/or from using in any manner, whatsoever, the Plaintiff’s said registered marks, which amounts to infringement of the Plaintiff’s exclusive rights in the said registered trademarks.

ii. manufacturi











































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