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2014 Supreme(Del) 3363

MANMOHAN SINGH
BRAHMOS AEROSPACE PVT. LTD. – Appellant
Versus
FIIT JEE LIMITED – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mohit Chaudhary, A. Das, Rashi Bansal, Anju Agrawal.
For the Respondents: Pratibha M. Singh, Arjun Mukherjee, Abhinav Verma.

JUDGMENT :

Manmohan Singh, J.

1. By this order, I propose to decide the pending application being I.A. No. 21136/2013 (under Order XXXIX Rules 1 & 2 CPC) filed by the plaintiff seeking interim injunction. The plaintiff, Brahmos Aerospace Pvt. Ltd. has filed the suit for permanent injunction restraining infringement of the trademark, passing off, unfair competition, rendition of accounts, damages, etc. against the two defendants, namely, FIIT JEE Limited, New Delhi and USA Univ. Quest, New Delhi. It is alleged in the plaint that the Government of India is the majority shareholder (50.5%) in the plaintiff-Company held by the Defence Research and Development Organization (DRDO) under the Ministry of Defence (MOD). Dr. APJ Abdul Kalam was one of the first subscribers to the Memorandum of Association in the plaintiff-Company. It is claimed that the trademark "Brahmos" is a prestigious well-known and reputed trademark of the plaintiff-Company which is used by the defendants for identical services being educational services by conducting an online aptitude test. It is also alleged that the plaintiff conducts various educational programmes pertaining to the aerospace industry, including trai

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