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2018 Supreme(Del) 1904

MANMOHAN
Marico Limited – Appellant
Versus
Mukesh Kumar – Respondent


Advocates Appeared:
For the Petitioners:Mr. Chander M. Lall, Sr. Advocate with Ms. Shikha Sachdeva, Ms. Mugdha Palsule and Mr. Vivian Mathur, Advocates.
For the Respondents:Mr. Rajat Aneja, Advocate with Mr. Jaspreet Singh Kapur, Advocate and Ms. Chandrika Gupta.

JUDGMENT :

MANMOHAN, J.

I.A. No.14758/2016

1. The case at hand illustrates what is well known amongst the intellectual-property rights fraternity, "The most successful form of copying is to employ enough points of similarity to confuse the public with enough points of difference to confuse the courts. Few would be stupid enough to make exact copies of another’s mark or symbol.”[(See: Baker V. Master Printers Union of New Jersey, 47 USPQ 69 at 72 (D.N.J.1940)]

2. It is pertinent to mention that the present suit has been filed for permanent injunction restraining infringement of trade mark, rendition of accounts, etc. With consent of the parties, I.A. No.14758/2016 was taken up for hearing and disposal. The prayer clause in the application is reproduced herein below:-

"A. An ex parte and ad interim and interim injunction against the Defendants, their partners, principals, directors, officers, employees, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, licensees, representatives, group companies and assigns restraining them from:

i. Manufacturing, or authorizing t












































































































































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