ARVINDBHAI RAMBHAI PATEL vs RAMDEV FOOD PRODUCTS PVT. LTD.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GUJARAT HIGH COURT
D.A.MEHTA, J
ARVINDBHAI RAMBHAI PATEL – Appellant
Versus
RAMDEV FOOD PRODUCTS PVT. LTD. – Respondent

Advocates:
For the Appellants/Petitioners: MR MIHIR THAKORE, MR JR SHAH
For the Respondents: MR BJ SHELAT, MR RM CHHAYA

Table of Content
1. factual background of the parties and trademark. (Para 1 , 6 , 7 , 8 , 9 , 10 , 11)
2. court's summary of trial court's findings. (Para 3 , 4)
3. arguments against trademark infringement. (Para 17)
4. plaintiff's defense regarding trademark protection. (Para 18)
5. principles for granting interlocutory injunction. (Para 20 , 21)

JUDGEMENT

On 17-03-2003 the City Civil Court, Court No.13 at Ahmedabad passed a common order below Notice of Motion Exhs.6 and 34 in Civil Suit No.828 of 2000. Being aggrieved by the said order the aforesaid three appeals have been filed. The appellants in Appeal from Order No.113 of 2003 are the original defendants in the suit, while the appellant in Appeals from Order Nos.130 and 131 of 2003 is the original plaintiff in the civil suit. For the sake of convenience, hereinafter, the parties shall be referred to as the plaintiff and the defendants as described in the suit.

2.In the impugned order the trial Court has summarized its findings at paragraph 41 and thereafter passed the final operative order in paragraph 42 as under:

"41.Considering above all facts and circumstances, I summariz

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GUJARAT HIGH COURTD.A.MEHTA, JARVINDBHAI RAMBHAI PATEL – AppellantVersusRAMDEV FOOD PRODUCTS PVT. LTD. – Respondent

GUJARAT HIGH COURT
D.A.MEHTA, J
ARVINDBHAI RAMBHAI PATEL – Appellant
Versus
RAMDEV FOOD PRODUCTS PVT. LTD. – Respondent