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2005 Supreme(Del) 1175

OM PRAKASH DWIVEDI
Asia Pacific Breweries Ltd. – Appellant
Versus
Superior Industries Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sanjay Jain
For the Respondent: Amarjeet Singh and V. Mohini, adv

JUDGMENT :

O.P. Dwivedi, J.

By this order, I propose to dispose of is No. 4680/2002 under Order 39 Rules 1 & 2 CPC filed by the plaintiff.

2. Briefly stated the facts leading to this application are that on 13.5.2002 plaintiff Asia Pacific Breweries Limited incorporated in Singapore filed this suit against Superior Industries Limited, incorporated under the Indian Companies Act, 1956, seeking a decree for permanent injunction restraining the defendant from infringing plaintiffs trade mark TIGER beer and from passing off defendant's goods as those of plaintiff. According to the plaintiff, trade mark TIGER and a device of TIGER is owned and used by the plaintiff since 1932 for its product beer, besides other trademarks. The plaintiff and its group of companies operate 14 breweries in 8 countries. The first breweries was established in 1932. Since then it is using trade mark TIGER with the device of the TIGER. In para 5 of the plaint, the plaintiff has given details regarding registration of the trade marks TIGER in India in the plaintiffs name. The details are as under:-

Trade Ma

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