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2011 Supreme(Del) 1085

REVA KHETRAPAL
Eicher Goodearth Ltd. – Appellant
Versus
American Automobiles – Respondent


Advocates:
Advocate Appeared:
Prathiba M. Singh, Ms. Archana Sahadeva and Ms. Chandrika Gupta

JUDGMENT :

Reva Khetrapal, J.

The plaintiffs have filed the present suit for permanent injunction seeking to restrain acts of infringement of its trademark "EICHER", copyright in the packaging, passing off, acts of unfair competition, dilution, damages, rendition of accounts of profit, delivery up, etc. against the defendant Nos. 1 to 3. The plaintiff No. 1 -- M/s. "EICHER" Goodearth Ltd. is the parent/promoter Company of the "EICHER" Group of Companies. The plaintiff No. 2 was promoted by the plaintiff No. 1 in the year 1986 in technical and financial collaboration with Mitsubishi Motors Corporation of Japan for the manufacture of commercial vehicles (in the light, medium and heavy segment) at Pitampur in Madhya Pradesh. The Memorandum of Association of the plaintiff No. 2 Company is Ex.PW 1/3.

2. The present suit relates to the misuse of the well-known and registered trade mark of the plaintiff "EICHER" by the defendants as also of the registered logo of the plaintiffs and their packaging in relation to motor parts. It is alleged that the products being sold by the defendants ar

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