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2024 Supreme(Online)(GUJ) 9621

HIGH COURT OF GUJARAT
MR. JUSTICE NIKHIL S. KARIEL, J
HUSENALI ANWARALI CHARANIYA – Appellant
Versus
HASMUKHBHAI BHAGVANBHAI PATEL – Respondent


Advocates:
MR KISHAN R CHAKWAWALA(9846), MS RUSHVI N SHAH(5881)

Table of Content
1. interlocutory order principles (Para 5 , 6 , 7)
2. defendant's prior use claim (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17)
3. plaintiff's established reputation (Para 18 , 19 , 20 , 21 , 22 , 23 , 24)
4. no interference required (Para 25)

ORAL ORDER

1. Heard learned advocate Mr. Saifullah for learned advocate Mr.

Kishan Chakawala for the appellant and learned senior advocate Mr. Harshit Toliya for learned advocate Ms. Rushvi N. Shah for the respondent appearing on Caveat.

2. By way of this appeal, the appellant challenges order dated 09.05.2024 passed by the learned Second Additional District Judge, Surendranagar, below Exhibit 5 and Exhibit 10 in Trade Mark Suit No.2 of 2023 initiated by the respondent herein. By way of said impugned order, the learned District Court had partly allowed the application for interim injunction preferred by the original plaintiff and had directed the defendant, his partners, agents, assignees, dealers, sellers, distributors and / or anybody claiming through the defendants from using in any manner deceptively similar mark “Kranti Kaka” and the label along with the placement of feature, layout, get-up, colour combination and artisti

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