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2021 Supreme(Del) 2322

V. KAMESWAR RAO
Kbm Foods Pvt Ltd – Appellant
Versus
Sachin Gupta – Respondent


Advocates appeared:
Anirudh Bakhru, Advocate, Rupesh Aggarwal, Advocate, S.K. Bansal, Advocate

JUDGMENT

V. Kameswar Rao, J. - I.A. 7965/2019

    1. The plaintiff has filed the current application under order XXXIX Rule 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 ("CPC" hereafter) with the following prayers:

      a) Restraining the Defendant, its principal officers, family members, servants, agents, dealers, distributors, retailers and/ or anyone acting for and on his behalf from manufacturing, marketing, selling, offering for sale or advertising its goods i.e. spices by using the mark Gai Chaap, device of COW and the other essential features of the label and trade dress of the plaintiff either in isolation or in conjunction with each other and thereby causing confusion and deception in the course of trade and thereby passing off defendant's goods as that of the plaintiff's.

        b) Pass any other order(s) which this Hon'ble Court may be pleased to in the facts and circumstances of the present case.

        2. The present suit has been filed by the Plaintiff seeking permanent injunction against the Defendant from using the trademark as well as the trade dress along with the mark "GAI CHAAP" along with the "COW" device with respect to the plaintiff's products i.e. spices.

        3. The Kar

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