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2024 Supreme(Online)(Tel) 35488

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ANIL KUMAR JUKANTI, J, ALOK ARADHE, CJ
Neeraj Kumar Agarwal – Appellant
Versus
MRS. Priya Shah – Respondent


THE HON’BLE THE CHIEF JUSTICE ALOK ARADHE AND THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION Nos.2097, 2148 and 2248 of 2009 COMMON ORDER: (per the Hon’ble the Chief Justice Alok Aradhe)

Dr. Venkat Reddy Donthi Reddy, learned Senior Counsel representing RVR Associates for the petitioner.

Ms. Kalpana Ekbote, learned counsel for the respondent No.1.

2. In these writ petitions, petitioner has called in question the validity of the common order, dated 14.11.2008, passed in O.R.A.Nos.128/2007/TM/CH, 129/2007/TM/CH and 130/2007/TM/CH. In order to appreciate the grievance of the petitioner, relevant facts need mention, which are stated infra.

3. Respondent No.1 is engaged in the manufacture and sale of readymade garments under the name, style and trade mark, namely, “Show Off” since 01.04.1996.

According to respondent No.1, she has been using the aforesaid trade mark continuously and extensively since 01.04.1996 and the same has become a well known mark within the meaning of Section 2(1)(zg) of the Trade Marks Act, 1999 (hereinafter referred to as ‘the Act’). As per the case of respondent No.1, the petitioner was associated and was residing as a family member of respondent No.1 for

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