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DELHI HIGH COURT
YOGESH KHANNA
Disposafe Health and Life Care Ltd. – Appellant
Versus
Rajiv Nath – Respondent
JUDGMENT
Yogesh Khanna, J. Since the above suits are cross cases filed by the parties against each other and the injunctions applications under Order XXXIX Rule 1 & 2 CPC in both suits as well as application under Order XXXIX Rule 4 CPC in CS (COMM) No.139/2018 have been argued, the pleadings in earlier suit are being taken up for disposal.
2. Plaintiffs filed suit for permanent injunction for passing off the trademark DISPOSAFE saying the plaintiff is in business since the year 2013, though incorporated in the year 2007 and marketing its product under the name DISPOSAFE. Since the year 2013 the plaintiff No.1 is a member of Association of Indian Medical Devices Industry (hereinafter referred as AIMED) having its office at the address of the defendant No.1 and has extensively sold its product under the trade name and trademark DISPOSAFE and has a turnover of more than Rs.14.00 Crores.
3. Admittedly, its trademark DISPOSAFE has not been registered as yet. On 17.02.2016 it came across the record of the Trademark Registry and found the defendant No.2 had applied for registration of trade mark DISPOSAFE vide application No.2654034 dated 03.01.2014 in Class 10 in respect of disposab
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