IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sharmila U. Deshmukh, J
Reliance Industries Limited – Appellant
Versus
Abhay Kumar and Another – Respondent
| Table of Content |
|---|
| 1. plaintiff's established rights and trademark registrations are pivotal. (Para 2 , 3 , 4) |
| 2. court identified a prima facie case for the plaintiff. (Para 6 , 7) |
| 3. interim relief granted until further hearings. (Para 8 , 9 , 10) |
1. This is an action for infringement of trade mark and passing-o The Interim Application has been moved after notice to Defendants. None appears on behalf of Defendants. In so far as Defendant No. 1 is concerned, the Affidavit-of-service states that Defendant No. 1 has refused to accept service, which constitutes valid service.
2. By an order of even date, Leave Petition has been allowed. The rival marks in questions are “JIO” and “Jio Taxi”. It is stated that Plaintiff is the company which is incorporated in the year 1973 and is India’s largest and most profitable private sector conglomerate with huge networth. The Plaintiff is the registered proprietor of the trade mark “JIO” as well as its variants of which the word “JIO” constitutes leading and essential feature.
3. Mr. Bhagat, learned counsel appearing for Plaintiff has taken this Court through the registrations obtained by the Plaintiff in respect of the word and label mark “JIO”. He fur
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