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DELHI HIGH COURT
PRATHIBA M.SINGH
Mother Sparsh Baby Care Pvt. Ltd. – Appellant
Versus
Aayush Gupta – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim of trademark rights. (Para 2 , 3 , 4 , 5 , 6) |
| 2. plaintiff's arguments and evidence against the defendant. (Para 7) |
| 3. defendant's arguments against the plaintiff's claims. (Para 8) |
| 4. court’s prima facie assessment of trademark usage. (Para 9 , 10 , 11) |
| 5. legal doctrine regarding descriptive trademarks. (Para 12 , 13 , 14) |
| 6. precedents on trademark protection. (Para 15 , 16 , 17) |
| 7. court's conclusion on trademark confusion. (Para 18) |
| 8. injunction granted against the defendant. (Para 19 , 20 , 21 , 22) |
| 9. procedural directions for further proceedings. (Para 23 , 24 , 25 , 26) |
JUDGMENT
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
I.A. 3107/2022 (for stay)
2. The Plaintiff has filed the present suit seeking permanent injunction, restraining infringement of trademark, passing off, dilution, unfair competition, delivery up, rendition of accounts, damages, and other reliefs in respect of the trademark `PLANT POWERED'.
3. The case of the Plaintiff is that it was incorporated in the year 2016, and over the years, it has sold various baby care and personal care products which are natural and eco-friendly, including de
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