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2021 Supreme(Del) 2268

C. HARI SHANKAR
Natures Essence Private Limited – Appellant
Versus
Protogreen Retail Solutions Private Limited & Ors – Respondent


Advocates appeared:
C.M. Lall, Advocate, Nancy Roy, Advocate, Palak Arora, Advocate, Sanjay Aggarwal, Advocate, Vasvi Jain, Advocate, Radhika Arora, Advocate, Sumit R Sharma, Advocate, Aakarshan Aditya, Advocate, Gaurav Dhwaj, Advocate

JUDGMENT

C Hari Shankar, J. - This order disposes of I.A. 12750/2020 in CS(COMM) 581/2020, preferred under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC).

    Facts

    2. The plaintiff alleges infringement, by the defendants, of the plaintiff's registered trademarks "NATURE'S" "NATURE ESSENCE" and "NATURE'S ESSENCE". The prayer, in the plaint, is specifically for an injunction, against the defendants, from making or dealing in any goods (particularly cosmetics), using any mark/name identical or deceptively similar to the aforesaid registered trademarks of the plaintiff.

    3. I may observe, even at this point, that in the list of registered trademarks of the plaintiff, provided in para 7 of the plaint, there is no registration of the word or mark "NATURE'S". The mark "NATURE'S INC." and "NATURE'S ESSENCE" are, however, registered in favour of the plaintiff, and the logos of the plaintiff, relating to the said marks, appear thus:

      4. The trademark of the defendants, with which the plaintiff is essentially aggrieved, appears thus:

        5. The case set up by the plaintiff in the plaint may be explained as under:

          (i) Since 1998, the plaintiff has been carrying out its business under

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