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2019 Supreme(Del) 1047

MANMOHAN
FLIPKART INTERNET PRIVATE LIMITED – Appellant
Versus
W. W. W. FLIPKARTWINNERS. COM – Respondent


Advocates Appeared:
Saurabh Srivastava, Adv., Shilpa Gupta, Adv., Vaarish K Sawlani, Adv., T.N. Durga Prasad, Adv., Gagan Kumar, Adv., Siddharth Jain, Adv., A.C. Mishra, Adv., Pallavi Dubey, Adv., Azhar, Adv.

JUDGMENT :

Manmohan, J.

Present suit has been filed for infringement of trademark, passing off, rendition of accounts, delivery up, damages etc. The prayer clause is reproduced hereinbelow:-

"42. In light of the foregoing, it is most respectfully prayed that this Hon'ble Court may be pleased to:

i. Pass an order and decree of permanent injunction restraining the Defendant Nos.1 to 5 (and such other websites/entities which are discovered during the course of the proceedings to have been engaging in infringing the Plaintiff's trademark rights), their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, from using the mark "Flipkart" or any deceptive variant thereof which is identical and/or similar to the Plaintiff's trademark "Flipkart" in respect of domain name, lucky draw contest or any other manner thereby amounting to infringement of Plaintiff's trademark;

ii. Pass an order and decree of permanent injunction restraining the Defendant Nos.1 to 5 (and such other websites/entities which are discovered during the course of the proceedings to have been enga
























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