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2019 Supreme(Del) 1163

MANMOHAN
Radico Khaitan Ltd. – Appellant
Versus
Devans Modern Breweries Ltd. – Respondent


Advocates:
Advocate Appeared:
Sudhir Chandra, Ishani Chandra, Sagar Chandra, Ankit Rastogi, Srijan Uppal, S.K. Bansal, Ajay Amitabh Suman, Kapil Kumar Giri.

JUDGMENT :

MANMOHAN, J.

I.As. 3483/2018, 4354/2018

1. The present suit has been filed for permanent injunction restraining infringement of trade mark, passing off, delivery up, rendition of accounts, damages etc. The prayer clause in I.A. 3483/2018 is reproduced herein-below:-

"26. In these circumstances it is respectfully prayed before that this Hon'ble Court may be pleased to pass an ex parte ad interim injunction restraining the Defendants, their partners, proprietors, Companies, Sister Concerns, directors, executives, as the case may be, its officers, servants and agents or anyone acting for and on their behalf from manufacturing, exporting, marketing, offering for sale, selling, advertising or in any manner dealing with any Alcoholic Beverages including but not limited to Beer and Ready to Drink Beverages under the trademark ELECTRA or from adopting any other mark or label which is identical or deceptively similar to the Plaintiff's registered trade mark ELECTRA thus amounting to infringement of trade mark, and/or do any other thing which may lead to passing off of the goods and/or services of the Defendants as that of the Plaintiff and/or do any other thing which may lead to dilu



































































































































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