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2022 Supreme(Del) 183

PRATHIBA M.SINGH
Mother Sparsh Baby Care Pvt. Ltd. – Appellant
Versus
Aayush Gupta – Respondent


Advocates Appeared:
Mr. Sandeep Sethi, Sr. Advocate With Mr. Sagar Chandra, Ms. Surya Rajappan, Advs, for the Appellant, Mr. Sadapuma Mukherjee & Mr. Shivkrit Rai, Advocates, Ms. Shweta Sahu, Advocate, for the Respondent.

ORDER

Prathiba M. Singh, J. (Oral). - This hearing has been done through hybrid mode. LA. 3107/2022 (for stay)

2. The Plaintiff has filed the present suit seeking permanent injunction, restraining infringement of trademark, passing off, dilution, unfair competition, delivery up, rendition of accounts, damages, and other reliefs in respect of the trademark 'PLANT POWERED'.

3. The case of the Plaintiff is that it was incorporated in the year 2016, and over the years, it has sold various baby care and personal care products which are natural and eco-friendly, including detergent, lotions, face wash, face cream, sunscreen face mask etc., under the trademark 'PLANT POWERED'. The trademark 'PLANT POWERED' was adopted by the Plaintiff in the year 2019, and has been using the said trademark along with

4. The sales of the Plaintiffs products since the year 2019 is claimed to be Rs.5.95 crores, and the promotional expenses are claimed to be over Rs.4 crores. Various products of the Plaintiff have also been duly licenced under The Drugs and Cosmetics Act, 1940.

5. The grievance of the Plaintiff, in the present case, is that the Defendant No. 1 - Mr. Aayush Gupta, who is also running two entities w

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