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2022 Supreme(Del) 2003

JYOTI SINGH
Vintage Distillers Limited – Appellant
Versus
Ramesh Chand Parekh – Respondent


JUDGMENT

Jyoti Singh, J.

I.A. 6938 2022 (under Order XXXIX Rules 1 and 2 CPC, by Plaintiff) and 7206/2022 (under Order VII Rule 10 CPC, by Defendant)

1. This judgment shall dispose of two applications, one filed by the Plaintiff under Order XXXIX Rules 1 and 2 CPC, 1908 seeking temporary injunction and the other filed by the Defendant under Order VII Rule 10 CPC for return of the plaint.

2. By the present suit, Plaintiff seeks permanent injunction restraining Defendant and all those acting on his behalf from directly or indirectly using the trademarks `DHOLA THARU'/ and/or any other mark identical with or deceptively similar to Plaintiff's trademarks `DHOLA MAARU'/ and the registered trademark , in any manner whatsoever, including but not limited to manufacturing, selling, offering for sale, advertising, distributing, etc. alcoholic beverages under the Plaintiff's trademarks, amounting to infringement of the registered trademark (label) and copyright as well as passing off, amongst other reliefs.

3. Plaintiff is a Company incorporated under the Companies Act, 1956, having its registered and principal office at Delhi. Plaintiff is stated to be engaged in the business of manufacture







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