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DELHI HIGH COURT
SURESH KUMAR KAIT
Exphar S.A. – Appellant
Versus
Atlanta Biological Pvt. Ltd. – Respondent


JUDGMENT (Oral)

Suresh Kumar Kait, J. --The present suit being a "commercial dispute" has been filed by the plaintiffs seeking permanent injunction restraining the defendant, its Directors, servants and agents, distributors, wholesalers, dealers retailers or any other person acting for and on their behalf from manufacturing, exporting, selling, offering for sale, advertising, directly or indirectly dealing in any manner, in India with regard to products and services bearing the trademark/logo VERZIL by itself or with other words or variant or any other mark/logo which is deceptively similar to the plaintiffs' registered trademark or in any other manner whatsoever, including but not limited to trademark VERZOL as is likely to lead to infringement of the registered trademark or any other mark/logo and the depiction of the same in artistic writing style, lay out, get up, colour scheme along with its other essential features, and arrangement in any material form which may be identical with or deceptively similar to it which is likely to lead to passing off of the defendant's goods and/or business as or for those of plaintiffs or amounts to dilution and tarnishment of the plaintiffs' t

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