G.JAYACHANDRAN
Simpson and Company Limited – Appellant
Versus
Rhythm Agarwal, Trading as Radisson Paints, Uttar Pradesh – Respondent
JUDGMENT :
G. JAYACHANDRAN, J.
Prayer: Civil Suit has been filed under Order IV, Rule 1 of the Original Side rules read with Order VII Rule 1 of C.P.C. Rules read with Sections 27, 134 and 135 of the Trade Marks Act, 1999 and proviso 1 to Section 7 of the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, praying for:
(a) Permanent injunction restraining the defendant themselves, their partners, successors-in-business, servants, agents, distributors, dealers, stockists, wholesalers, retailers, shop keepers, representatives, assigns and all other persons claiming through them from manufacturing, selling and distributing, advertising paints and other products falling under class 2 using the ‘Radisson’ trademark which is deceptively similar to the plaintiff's ‘Addisons’ trademark amounting to infringement of the plaintiff's registered trademark ‘Addisons’ in any manner whatsoever.
(b) Permanent injunction restraining the defendants by themselves, their directors, legal representatives, successors-in-business, assigns, servants, agents,
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