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2023 Supreme(Online)(Kar) 34041

KARNATAKA HIGH COURT
MR. JUSTICE M. NAGAPRASANNA, J
COOLULU SPORTS PRIVATE LIMITED – Appellant
Versus
UNION OF INDIA MINISTY OF CORPORATE AFFAIRS – Respondent


Advocates:
For the Appellants/Petitioners: SRI. MANU P. KULKARNI, SMT.SHRISTI WIDGE, SRI SHARAN BALAKRISHNA, SRI MANOJ RAIKAR
For the Respondents: SMT. ANUPAMA HEGDE, SRI ADITYA SONDHI, SMT. RASHMI DESHPANDE

Table of Content
1. incorporation and branding issues. (Para 2 , 3)
2. arguments for and against name similarity. (Para 5 , 6)
3. analysis of section 16 and application of law. (Para 11 , 12 , 13)
4. court's order quashing previous decision. (Para 15)

ORDER

The petitioner is before this Court calling in question order dated 30-03-2022 passed by the 2nd respondent/Regional Director, Corporate Affairs allowing the application filed by the 3rd respondent/Lulu International Shopping Malls Private Limited and restraining the petitioner from using the word “lulu” from the title of its name within three months from the date of the order.

2. Shorn of unnecessary details, facts in brief that lead the petitioner to this Court in the subject petition, as borne out from the pleadings are as follows:-

The petitioner/Coolulu Sports and Entertainment Private Limited claims to have been incorporated under the Companies Act, 2013 (‘the Act’ for short) and is engaged in sports coaching, sporting events, adult fitness events etc. The petitioner claims to allow third-party merchants to sell sporting apparel, equipment and merchandise at the events organized by the petitioner. It is claimed that the petition

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