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2020 Supreme(Del) 556

V.KAMESWAR RAO
Ufo Contemporary, Inc – Appellant
Versus
Creative Kids Wear (india) Pvt Ltd – Respondent


Advocates Appeared:
Hemant Singh, Advocate, Mamta Rani Jha, Advocate, Wasim Shuaib Ahmed, Advocate, Sambhav Jain, Advocate, A. Murali, Advocate, Bansuri Swaraj, Advocate, Ana Upadhyay, Advocate, Dheeraj Nair, Advocate, Mohit Bakshi, Advocate, Vishrutyi Sahni, Advocate, Nilofar Absar, Advocate, Kunal Kher, Advocate, Akanksha Kalyanpur, Advocate

JUDGMENT

V. Kameswar Rao, J. - IA 8010/2020

    1. By this order, I shall decide IA 8010/2020 filed by the plaintiff under Order XXXIX Rule 1 & 2 read with Section 151 CPC.

    2. The case of the plaintiff, as contended by Mr. Hemant Singh is that the suit has been filed for infringement and passing off in relation to plaintiff''s trade mark UFO (word per se) registered in India vide trade mark registration No. 388739 dated April 13, 1982 in class 25 for description of goods comprising trousers including pants and blouses and shirts for men, women and children. The registration is valid till April 13, 2030. According to Mr. Singh, the trade mark UFO is an arbitrary mark, which was adopted by the plaintiff in the year 1968 and has been registered in various countries. The trade mark UFO has been promoted extensively by various brand ambassadors and has also featured in the leading international magazines, which are circulated globally, as well as in India. The plaintiff has also registered its trade mark UFO as a domain name in 1998. The plaintiff gets its clothing manufactured for export and sale in international markets from third party manufacturers. The defendant Nos. 2, 3, 8 and 9 have

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