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2022 Supreme(Del) 1863

VIBHU BAKHRU, AMIT MAHAJAN
Vivek Kochher – Appellant
Versus
Kyk Corporation Ltd – Respondent


Advocates appeared:
Mr. Satish Kumar, Mr. Umesh Mishra & Mr. Vishal Patel, Advs., for the Appellants; Mr. Aayushmaan Gauba & Ms. Gunjan Chhabra, Adv., for the Respondents No. 1

JUDGMENT

Vibhu Bakhru, (Oral) J. - The appellants have filed the present intra-court appeal under Section 13 of the Commercial Courts Act, 2015 impugning a judgment dated 06.11.2019 (hereafter the 'impugned judgement') passed by the learned Single Judge. By the impugned judgment, the learned Single Judge had dismissed the suit filed by the appellants/plaintiffs [being CS(COMM) 152/2018] and partly allowed the Counter Claim (being Counter Claim No.77/2009) instituted by respondent no.1 (hereafter 'KYK Corporation') and granted the decree of permanent injunction, as sought for, in terms of the prayer clause nos. (i) to (iii).

2. The learned Single Judge had passed the impugned judgment primarily on the basis of an order dated 10.02.2012, passed by the Intellectual Property Appellate Board (hereafter 'the IPAB') allowing KYK Corporation's application for cancelling the registrations of the trademark 'KYK' (hereafter 'the Trademark'), in favour of the appellants/plaintiffs. The Trademark is a word mark. The impugned judgment also notes that the appellants had preferred a writ petition impugning the order dated 10.02.2012, passed by the IPAB. However, the said petition [being W.P.(C) 2496

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