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2019 Supreme(Del) 182

MANMOHAN
Hugo Boss Trade Mark Management Gmbh & Co. Kg – Appellant
Versus
Sheeta Sabharwal T/A Boss Big Boss – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Karan Bajaj, Advocate with Ms. Shreya Sethi, Ms. Kangan Roda and Mr. Anirudh Bhatia, Advocates

JUDGMENT :

MANMOHAN, J.

1. Present suit has been filed for permanent injunction restraining infringement of trademarks, passing off, unfair trade practices, delivery up, rendition of accounts and damages. Today, learned counsel for plaintiff is permitted to re-number the prayer clause after initialing the same. The corrected prayer clause is reproduced here-in-below:-

“A. Pass a decree of declaration that the trade marks BOSS, HUGO BOSS and BOSS formative/family of marks of the Plaintiff are well-known trade marks.

B. The Defendant, their partners, officers, employees, retailers, agents, distributors, suppliers, affiliates, subsidiaries, franchisees, representatives and assigns be restrained by a permanent injunction from:

i. Manufacturing, promoting, advertising, displaying, showcasing, selling and offering for sale any product bearing the impugned mark/name BOSS BIG BOSS/BIG BOSS or any other mark deceptively or confusingly similar to the Plaintiff’s earlier well-known trade marks BOSS, BOSS HUGO BOSS and other BOSS formative marks as a trade mark or a trade name or in any manner whatsoever, either as a trade mark or part of a trade mark, trade name or part of a trade name, corporate































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