G.JAYACHANDRAN
N. Ranga Rao & Sons Private Ltd. , Chennai – Appellant
Versus
Sree Annapoorna Agro Foods, Erode – Respondent
JUDGMENT :
(Prayer: Civil Suit has been filed under Order IV, Rule 1 O.S., Rules read with Order VII, Rule 1 of CPC Along with Sections 27, 28, 29, 134 and 135 of the Trade Marks Act, 1999 praying to pass a judgment and decree:-
(a) granting a permanent injunction restraining the defendant by itself, its servant, agents or any one claiming through it from in any manner infringing the plaintiff’s registered trade mark CYCLE by using the identical and offending Trade Mark CYCLE or any other mark or marks which are in anyway identical, deceptively similar to or a colorable imitation of the plaintiff’s registered Trade Mark CYCLE, either by manufacturing or selling or offering for sale in any manner advertising the same.
b. Granting a permanent injunction restraining the defendant by itself, its servant, agents or any one claiming through it from in any manner passing off its products, under the offending Trade mark CYCLE as and for the plaintiff’s products manufactured and marketed under the Mark CYCLE in any manner whatsoever;
c. Directing the defendant to render a true and faithful
JSB Cement LLP v. Assam Roofing Limited reported in AIR 2017 Cal 226
Mahendra & Mahendra Paper Mills Lt -vs- Mahendra & Mahendra Ltd.: (2002) 2 SCC 147.
Nandhini Deluxe v. Karnataka Co-operative Milk Producers Federation Ltd.
T.V.Venugopal -vs- Ushodaya Enterprises Ltd and another: 2011(4) SCC 85.
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