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ASHUTOSH SHASTRI, J. C. DOSHI
Damodarbhai Kumanbhai Kansagara – Appellant
Versus
World Express Elevator – Respondent
ORDER :
J. C. DOSHI, J.
1. This group of appeals are filed under Order 43 Rule 1(r) of the Civil Procedure Code, 1908 (in short “the Code”) read with sections 5 and 3 of the Commercial Court Act, 2015 challenging order passed below Exh.5 in respective commercial trademark suits, wherein, the learned Commercial Court in exercise of powers under Order 39 Rule 1 and 2 of the Code, dismissed injunction applications.
2. Since this group of appeals involves and contains common and identical facts, with the consent of learned counsel appearing for the respective parties, the same is being disposed of by this common order.
2.1. Learned counsel for both the sides requested to take up AO No.20 of 2023 as lead matter. Thus, facts are taken up from the said matter. The appellant is original plaintiff, whereas, the respondents are original defendants before the learned trial Court and therefore, for the sake of bravity, they are referred in the present judgment as per their original status in the suits.
2.2 In all suits filed before the learned Commercial Court, the plaintiff is common, who has filed suits for infringement of registered trademark passing off goods and for permanent injunction along
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Appellate court interferes with trial court's refusal of interim injunction in passing off where findings on mark as generic lack pleadings support, plaintiff shows prior use/secondary meaning, and d....
The court emphasized likelihood of consumer confusion in trademark law, holding that similar marks can infringe established trademarks regardless of differences in service or field, thus supporting t....
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