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2024 Supreme(Del) 204

SANJEEV NARULA
Hogar Controls India Private Limited – Appellant
Versus
Anadasu Vijay Kumar – Respondent


Advocates appeared:
Ms. Nancy Roy and Ms. Prakriti Varshney, Advocates, for the Plaintiff; Mr. Hemant Daswani, Ms. Saumya Bajpai, Ms. Pranjal and Mr. Kunal Prakash, Advocates., for the Defendants

JUDGMENT

Sanjeev Narula, J.- I.A. No. 15801/2022 (seeking ex-parte ad-interim injunction u/O 39 Rule 1 and 2, r/w S. 151 of CPC, 1908)

1. The Plaintiff - Hogar Controls Pvt. Ltd. (formerly, Z-Wave India Pvt. Ltd.), a wholly owned subsidiary of Hogar Controls Inc, has brought the present suit to protect their intellectual property associated with the trademarks "HOGAR", "HOGAR CONTROLS", and , which they allege is being unlawfully usurped by Defendants No. 1 to 3, who are the erstwhile Directors of the Plaintiff.

THE CONSTITUTION, STATUS, AND RELATIONSHIP OF THE PARTIES

2. With the objective of providing home and office electric power automation systems at an affordable cost, the Defendants submit that on 01st July, 2014, Defendant No. 1 established a proprietary firm for conducting the business of home automation and 'Internet of Things' ["IoT"] devices. Gradually, the proprietorship concern was transformed into a partnership firm, with Defendants No. 1 to 3 as its partners. Later, on 11th April, 2017, to integrate a more structured business approach, Defendants No. 1 to 3 decide

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