SIMERO VITRIFIED PRIVATE LIMITED vs SIMORA TILES LLP

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HIGH COURT OF GUJARAT
DR. A. P. THAKER, J
SIMERO VITRIFIED PRIVATE LIMITED – Appellant
Versus
SIMORA TILES LLP – Respondent

Advocates:
For the Appellants/Petitioners: MS RUSHVI N SHAH
For the Respondents: MR AKSHAY A VAKIL

Table of Content
1. background facts of trademark dispute. (Para 1 , 2)
2. court's observations on trademark law and similarity. (Para 3 , 8 , 10)
3. arguments regarding trademark similarity and confusion. (Para 4)
4. defendant's rebuttal and arguments against injunction. (Para 5 , 6)
5. court's reasoning for dismissal of injunction. (Para 9 , 11)
6. final verdict on appeal and confirmation of trial court order. (Para 12 , 13)
7. conclusion of the case. (Para 14)

ORDER

1. Being aggrieved and dissatisfied with order dated 3.1.2022, passed below Exh.5 in Trade Mark Suit No.1 of 2017 by the learned 2nd Additional District Judge at Morbi, the original plaintiff has preferred the present A from Order under Order 43, Rule 1 of Code of Civil Procedure , 1908. The appellant is the original plaintiff and respondent is the original defendant (for the brevity the parties are referred to in this order as per the character assigned to them before learned trial Court).

2. The short facts giving rise to the present Appeal from Order are that the plaintiff is a private limited company engaged in the business of manufacturing, marketing and selling varieties of ceramic items under the Tradema

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HIGH COURT OF GUJARATDR. A. P. THAKER, JSIMERO VITRIFIED PRIVATE LIMITED – AppellantVersusSIMORA TILES LLP – Respondent

HIGH COURT OF GUJARAT
DR. A. P. THAKER, J
SIMERO VITRIFIED PRIVATE LIMITED – Appellant
Versus
SIMORA TILES LLP – Respondent