V.KAMESWAR RAO
Liberty Footwear Company – Appellant
Versus
Liberty Innovative Outfits Limited – Respondent
JUDGMENT
V. Kameswar Rao, J. - I.As. 16177/2019 & 18169/2019 in CS(COMM) 637/2019 I.As. 16180/2019 & 18402/2019 in CS(COMM) 638/2019
1. By this order, I shall decide four applications being I.As. 16177/2019 (Order 39 Rule 1 & 2) & 18169/2019 (Order 39 Rule 4) in CS(COMM) 637/2019 and I.As. 16180/2019 (Order 39 Rule 1 & 2) & 18402/2019 (Order 39 Rule 4) in CS(COMM) 638/2019.
I.As. 16177/2019 & 18169/2019 in CS(COMM) 637/2019
2. Cs (COMM) 637/2019 has been filed by the plaintiff seeking to restrain the defendant from using the identical /deceptively similar mark LIBERTY, ,
and deceptively similar trade name LIBERTY INNOVATIVE OUTFITS or any identical/deceptively similar mark/logo for its goods and services so as to result in violation of the statutory and common law rights of the Plaintiff in its well-known trade mark ''LIBERTY'' along with damages / account of profits against the defendant. It may be stated here that on November 20, 2019, ad interim order was passed in favour of the plaintiff.
3. Some of the facts as noted from the plaint are, plaintiff, a registered partnership firm, was established in the year 1954. The plaintiff forms an integral part of Liberty Group of Companies
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