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2018 Supreme(Del) 1787

MANMOHAN
Bennett Coleman & Company Limited – Appellant
Versus
M. Akram Pasha – Respondent


Advocate Appeared:
For the Plaintiff :Mr. Kr. Shashank Shekhar with Mr. Kunal Tandon and Mr. Shashank Shekhar, Advocates.

JUDGMENT :

MANMOHAN, J.

I.A. No. 10584/2018

1. Today, in court learned counsel for the plaintiff has filed an application under Order XIIIA, Rules 2, 4 & 6 of CPC seeking summary judgment. The same has been numbered by the Registry. Since the defendant is ex parte, the said application is taken up for hearing and disposal.

2. It is pertinent to mention that the present suit has been filed for permanent injunction restraining infringement of trademark and copyright, passing off and trademark dilution, rendition of accounts of profit, damages, delivery up, etc. The prayer clause is reproduced hereinbelow :-

“(a) Pass a decree of permanent injunction in favour of the Plaintiff and against the Defendant permanently restraining the Defendant, their directors, agents, officers, employees, cable operators, multi system operators, direct to home operators and all such other persons associated with or in conjunction with the Defendant from adopting and using the channel name NATIONAL TIMES NOW or any other mark or name which is identical or deceptively similar to the Plaintiff’s channel name/registered mark NOW, TIMES/S and/or TIMES NOW, etc. so as to result in infringement and/or passing off or





























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