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2023 Supreme(Del) 1137

SANJEEV NARULA
Campus Activewear Limited – Appellant
Versus
Rama Shankar Garg – Respondent


Advocates appeared:
Mr. Kirti Uppal, Senior Advocate with Mr. Zeeshan Hashmi, Mr. Ankit Parashar and Mr. Shekhar, Advocates, for the Plaintiff.
Mr. Avneesh Garg, Mr. Ajeet Kumar Srivastava, Ms. Srika Selvam and Mr. Kunal Gupta, Advocates, for the Defendant-1 & 2.
Mr. Vineet Nagar and Mr. Kshitiz Ahuja, Advocates, for the Defendant-3.

JUDGMENT

Sanjeev Narula, J.

I.A. No. 8998/2022 (under Order XXXIX Rule 1 and 2 r/w Section 151 of CPC for ad-interim injunction)

1. Plaintiff, the registered proprietor of "CAMPUS"/"[IMG]"/"[IMG]"/"[IMG]"/"CAMP" and other formative versions thereof [hereinafter collectively, "Plaintiff's registered marks], is into the business of manufacturing wide-range of footwear, which are sold under the afore-said marks. Their grievance arises from Defendants' use of the registered mark "CAMPS", and its formative mark "[IMG]" [hereinafter collectively, "impugned marks"], which are also used in respect of footwear.

2. The suit is proceeding towards trial due to parties' inability to reach a settlement. Thus, through this judgement, the Court will determine Plaintiff's request for grant of an interlocutory injunction, pending final adjudication.

3. Let us first give a brief introduction to the parties as well as their respective reasons for selecting the conflicting trademarks, as enumerated in the pleadings and accompanying documents presented before Court. Plaintiff's predecessor-in-title adopted "CAMPUS" in 1990, and variations of the logos "[IMG]"/"[IMG]"/"[IMG]", in 1997. The rights in sai














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