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2005 Supreme(Del) 1180

T.S.THAKUR
Alberto Culver Company – Appellant
Versus
VOI Fashion Stores – Respondent


Advocates Appeared:
For the Appellant : S.K. Bansal and S. Rajan
For the Respondents: Amarjit Singh and V. Mohini.

JUDGMENT :

T.S. Thakur, J.—

1.In this suit, the plaintiff prays for a decree of permanent injunction restraining the defendants, their proprietors, partners, directors etc. from manufacturing, using, selling, soliciting, exporting, displaying and advertising the goods manufactured by them including fashion apparels, accessories and allied/cognate goods under the trade mark Voi or any other trade name or trade mark identical with or deceptively similar to the plaintiffs trade mark and label V05 and VO5 Along with the letters ALBERTO, VO or from doing any other acts amounting to or likely to infringe plaintiffs registered Trade Mark ALBERTO V05 or passing off and violating the plaintiffs rights in the plaintiffs trade mark and label.

2. The plaintiff has now filed the present application under Order VI Rule 17 of the CPC for amendment of plaint. The proposed amendment is limited to the deletion of 11 lines of para 3 of the plaint which read as under:-

    "In the year 1955 the plaintiff company honestly, coined, conceived, adopted and started using the Trade Marks V05 and V05 Along with the word ALBERTO (being the plaintiff company's first name) which is written in small letters above the l

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