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2021 Supreme(Del) 403

SURESH KUMAR KAIT
CALVIN KLEIN TRADEMARK TRUSTZ – Appellant
Versus
EKTARFA GARMENTS PRIVATE LIMITED – Respondent


Advocate Appeared:
For the Appellant :Mr. Saif Khan, Mr. Shobhit Agrawal & Mr. Deepank Singhal, Advocates
For the Respondent:Mr. Ashish Mohan and Mr. Samarth Chowdhary, Advocates

JUDGMENT :

The hearing has been conducted through video conferencing.

CS(COMM) 520/2020 & I.A. 11041/2020 (u/O 39 R 1 & 2 CPC) & I.A. 11042/2020 (u/O XI R1(6) as amended under the Commercial Courts Act, 2015 r/w Chapter IV of The Delhi High Court (Original Side) Rules r/w Section 151 of The Code Of Civil Procedure, 1908

1. The present suit for permanent injunction, infringement of trademark and copyright, passing off, tarnishment, unfair competition, delivery up, rendition of accounts, damages, etc. has been filed by the plaintiff seeking permanent injunction restraining the defendants, their partners/proprietors/directors, officers, servants, agents, distributors, stockists and representatives from manufacturing, selling and/or offering for sale, advertising, warehousing, importing, directly or indirectly dealing, in any manner whether offline or online, in any goods bearing plaintiff’s registered trademarks ‘Calvin Klein’, CK (word/logo) .

2. Further, prayers are also made to restrain defendants to misrepresent the quality/origin of their goods and from taking unfair advantage of the plaintiff’s reputation and goodwill in the said trademarks or any similar trademark thereby causing d

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