IN THE HIGH COURT OF KERALA AT ERNAKULAM
S.MANU, J
TASTE BOX M/S TASTE BOX, NEERUNGAL, NEAR RAJAGIRI POST OFFICE KALAMASSERY, THRIKKAKARA NORTH, ERNAKULAM, PIN - 683104 REPRESENTED BY ITS MANAGING PARTNER, SHIHAB N.A. – Appellant
Versus
JSF HOLDINGS PRIVATE LIMITED M/S JSF HOLDINGS PRIVATE LIMITED, PLOT NO.6A, 1ST PHASE, INDUSTRIAL AREA, KUMBALGODE, BANGALORE-560074, REPRESENTED BY ITS DIRECTOR JOHN FRANCIS – Respondent
| Table of Content |
|---|
| 1. initial facts about the parties and trademark claims. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding trademark infringement and distinctiveness. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 3. court’s rationale and principles governing interim injunction. (Para 15 , 36 , 39 , 41 , 42 , 43) |
| 4. legal precedents and principles governing trademark law. (Para 16 , 17 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 5. conclusion and upholding of the impugned order. (Para 44) |
JUDGMENT
Appellant is the defendant in O.S.No.48/2021 of the Additional District Court-II, Ernakulam. Respondent/plaintiff filed the suit alleging that it belongs to a group of companies established in the year 1972 and is engaged in the business of manufacture and sale of goods such as ice creams, frozen desserts, milk products, non-alcoholic beverages, syrups and other foodstuffs and services related to providing said goods by way of establishing restaurants, parlours and kiosks in India and various foreign countries. Goods and services of the respondent are manufactured, sold and supplied under the trademarks Lazza, Uncle John, Skei and I & U. According to the respondent, the trademark
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