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2016 Supreme(Online)(Bom) 10

BOMBAY HIGH COURT
S.J. Kathawalla, J
Kalpataru Properties Pvt. Limited v. Kalpataru Buildtech Corp. Ltd. and Others


Advocates:
For the Appellants/Petitioners: Dr. Tulzapurkar
For the Respondents: Mr. Ashwini Kumar

Table of Content
1. plaintiff's claim of exclusive trademark rights. (Para 1 , 2)
2. defendants' contention of the term's general use. (Para 5 , 9)
3. assessment of deceptive similarity factors. (Para 7 , 8)
4. concurrent use defense for trademarks. (Para 10 , 11)
5. delay and laches as defenses in trademark actions. (Para 14 , 15)

1. This Motion is for an interlocutory injunction in a trade mark infringement and passing off action. This Court has already granted leave to the Plaintiff under Clause XIV of the Letters Patent to combine the two causes of action.

2. The Plaintiff, Kalpataru Properties Pvt. Ltd., carries on business as builders and developers. The Plaintiff was established in the year 1975 in the name of Kalpataru Construction Pvt. Ltd. The name was first changed in 1982 to Kalpataru Construction Overseas Pvt. Ltd. and later in 2006 to its present name. The word 'Kalpataru' throughout remained the integral part of its corporate name. The Plaintiff claims to be a flagship company of Kalpataru Group of Companies, which carry on diverse activities including property development and management, infrastructure projects, warehousing, logistics, etc. The Plaintiff has allowed the va





















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