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2022 Supreme(Del) 616

JYOTI SINGH
SUDHIR BHATIA TRADING AS V. BHATIA INTERNATIONAL – Appellant
Versus
CENTRAL GOVERNMENT OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Shailen Bhatia, Ms. Zeba Khan, Ms. Muskaan Arora.
For the Respondents: Mr. Harish V. Shankar, Ms. S. Bushra Kazim, Mr. Srish Kumar Mishra, Mr. Sanjeev Sindhwani, Mr. Sanjay Dua.

JUDGMENT :

JYOTI SINGH, J.

1. By way of present writ petition, Petitioner seeks a writ of Certiorari quashing the advertisement with respect to application No. 731808, in Class 5, filed by Midas Hygiene Industries Pvt. Ltd./Respondent No. 3 herein for registration of trademark LAXMAN REKHA (label) and a further direction to the concerned Registrar of Trade Marks to re-advertise the application.

2. Factual narrative to the extent necessary and relevant for the present writ petition is that Respondent No. 3 filed an application on 29.01.1997, for registration of trademark LAXMAN REKHA (label). Respondent No. 3 also filed a suit for perpetual injunction, infringement of copyright, passing off, delivery etc. against the Petitioner herein, in respect of trademark LAXMAN REKHA. Learned Single Judge of this Court granted injunction against the Petitioner vide order dated 31.07.2001. In an Appeal before the Division Bench, the injunction order was vacated vide order dated 20.09.2001, however, in Civil Appeal No. 107/2002, the Supreme Court, vide order dated 22.01.2004, set aside the order of the Division Bench and restored the order granting injunction. The suit was transferred to the Distric

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