HIGH COURT OF DELHI
RAJESH KUMAR MODANWAL – Appellant
Versus
M/S. A. R. SPARES PVT LTD – Respondent
J U D G M E N T
MANMOHAN, J:
1. Present appeal has been filed challenging the impugned order dated 20th February, 2020 passed by learned District Judge (Commercial Court) West District, Tis Hazari Court. Appellant-Defendant also seeks a direction to stay further proceedings in CS (COMM) No. 407/2019 till the disposal of the present appeal.
2. Learned counsel for the Appellant-Defendant states that the Appellant-Defendant is engaged in the business of sale and supply of motorcycle auto spare parts included in class 12 under the Trade mark no 3718530 which was granted to the Appellant-Defendant on 3rd January, 2018.
3. He states that the Respondent-Plaintiff instituted a Civil Suit No. 407/2019 for permanent injunction restraining infringement of trademark, delivery upon, rendition of accounts of profit along with damages against the Appellant-Defendant for using trademark ‘AR Gold’.
4. Learned counsel for the Appellant-Defendant states that the Respondent-Plaintiff has been using the trademark “A.R” and A.R. (DEVICE) which it purchased from its predecessors-in-title and has been carrying on business of manufacturing, marketing, and exporting spare parts for motor vehicles included in cl
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