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2007 Supreme(Online)(Del) 6

DELHI HIGH COURT
, J
Finolex Cables Ltd. (M/s) v. M/s. Finolex Auto Pvt. Ltd


Table of Content
1. background of the trademark infringement case initiated by the plaintiff. (Para 1 , 2)
2. procedural issues surrounding the ex parte proceedings and applications filed by the defendant. (Para 3 , 4 , 5)
3. argument regarding the defendant's right to participate and frame issues. (Para 6 , 7)
4. court's ruling on the legitimacy of asking to frame issues at later stages. (Para 8 , 9 , 10 , 11 , 12)
5. final ruling affirming the need for issue framing for a complete trial. (Para 13 , 14 , 15 , 16)

1. Before we take note of the controversy involved in this appeal and address the same, it would be appropriate to have stock of the factual background in which the said controversy has arisen.

2. The appellant (hereinafter referred to as 'the plaintiff') has filed suit CS (OS) No. 2347/2000 on the Original Side of this Court for perpetual injunction, infringement of trademark and trade - name, copyright, passing off, rendition of accounts, etc. against the respondent who is the defendant in the said suit (hereinafter referred to as 'the defendant'). The plaintiff is stated to be the owner of trademark FINOLEX and is aggrieved by the user of trademark FINOLUX, mark adopted by th






























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