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2011 Supreme(Mad) 4287

V.K.SHARMA
Value Invest Wealth Management (India) Pvt. Ltd. Rep. By Its Director – Appellant
Versus
B. G. Kishor Kumar – Respondent


Advocates:
Cases Referred :
Mehta Unani Pharmacy And Co., Rajkot Vs Amrutanjan Limited, Madras , 2002-PTC-25-475

JUDGMENT

VINOD K.SHARMA. J.

( 1. ) THE applicant prays for an order of interim injunction, restraining the respondents, their men, servants, men acting / claiming or claiming to act under them, their agents, assigns or anybody claiming through or under the respondents from in any manner giving / continuing the groundless threat of action / proceedings for infringement of purported registered Trade Mark, Value Invest registered as Trade Mark No.1601369 with effect from 13.09.2007 vide Trade Mark registration certificate No.900861 dated 06.01.2011 issued by the Trade Marks Registry, Chennai, pending disposal of the main suit.

( 2. ) THE applicant M/s. Value Invest Wealth Management (India) Private Limited is a company, registered under the Companies Act. THE applicant has invoked the provision of Section 142 of THE Trade Marks Act, 1999 (hereinafter referred to as the 'Act'), praying therein as under:

"(a) declaration that the threat made by the defendants to the plaintiff company regarding initiation of legal proceedings for alleged infringement of registered trademark viz., 'Value Invest' registered as Trade Mark No.1601369 with effect from 13.09.2007 vide Trade Mark registration cer























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