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TARA VITASTA GANJU
Sharad Mehra – Appellant
Versus
Sanjay Mehra – Respondent
JUDGMENT :
TARA VITASTA GANJU, J.
This matter has been received on transfer.
CM APPL. 69170/2024 [Exemption from filing certified copies]
1. Allowed, subject to just exceptions.
2. The Application stands disposed of.
CM APPL. 69172/2024 [Exemption from filing certified/clear/true typed copies]
3. Allowed, subject to the Petitioner filing typed copies of the annexures within a period of three weeks.
4. The Application stands disposed of.
CONT.CAS(C) 1880/2024, CM APPL. 69171/2024 [seeking ad interim injunction]
CM APPL. 69586/2024 [seeking directions]
5. The present Petition has been filed by the Petitioner stating that there have been gross and flagrant violations and wilful disobedience of the orders dated 14.11.2022 and 27.04.23 passed by a Division Bench of this Court in FAO(OS)(COMM) 280/2022 captioned Sharad Mehra vs. Sanjay Mehra & Ors. [hereinafter referred to as the “DB Matter”] and the terms of settlement executed between the Petitioner and Respondent dated 27.04.2023 [hereinafter referred to as the “Settlement Terms”] have been violated.
6. On 04.09.2023, the parties undertook before the Division Bench in the DB Matter that they shall not use the word/trade name “Superon” contrary to
The court found prima facie evidence of violation of Settlement Terms regarding trademark usage and issued interim directions to prevent further non-compliance.
The plaintiff possesses exclusive rights to the title 'Indian Express', and any use of 'New Indian Express' by the defendant beyond specified territories constitutes trademark infringement.
The distinctiveness of a trademark, statutory defenses, and the descriptive use of trademarks were central to the court's decision.
Intellectual Property - Infringement of registered trade mark - Modify interim order - Subject to defendants filing an undertaking of their directors to abide by terms and conditions of undertaking a....
The main legal point established in the judgment is the recognition and protection of a 'well-known' trademark under the Trade Marks Act, 1999, and the Copyright Act, 1957, based on extensive use, re....
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