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2022 Supreme(Del) 1966

AMIT BANSAL
Havells India Limited – Appellant
Versus
L Ramesh – Respondent


Advocates appeared:
Tejveer Singh Bhatia, Sudeep Chatterjee, Kiratraj Sadana, Ms.Ipshita Datta and Ms. Aamna Ahmad, Advocates, for the Plaintiff.
Ms. Shilpi M. Jain, Advocate, for the Defendant.

JUDGMENT

Amit Bansal, J.

I.A.12276/2021 (early hearing)

1. For the reasons stated in the application, the same is allowed.

I.A.578/2020 (O-XXXIX R-1 &2), I.A.2481/2020 (O-XXXIX R-4)

2. By way of the present judgment, I propose to decide the application filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) for grant of interim injunction pending the disposal of the suit and the application filed on behalf of the defendant under Order XXXIX Rule 4 of the CPC seeking vacation of the ex parte ad interim injunction granted on 17th January, 2020, in favour of the plaintiff.

3. The plaintiff has filed the present suit seeking permanent injunction against the defendant from infringing/passing off, inter alia, the trademark, copyright, logo, trade dress of the plaintiff and other ancillary reliefs. In the suit, it has been pleaded that:

(i) Plaintiff's company and its predecessors have been using the trademark/logo `STANDARD' in relation to electrical products, including switch gears, fuse gears, cables, insulation wires, miniature circuit breakers since the year 1958.

(ii) Plaintiff has obtained a number of trademark registrations in its





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