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2017 Supreme(Del) 122

VIBHU BAKHRU
ALLIED BLENDERS AND DISTILLERS PVT. LTD. – Appellant
Versus
SURYA RAO TRADING AS LEO FOODS & BEVERAGES – Respondent


Advocates Appeared:
For the Appellant :Ms Abhilasha Nautiyal and Ms Kanak Bose, Advocates.

ORDER :

VIBHU BAKHRU, J.

1. The plaintiff has filed the present suit inter alia seeking a decree of permanent injunction restraining infringement of trademark and copyright, passing off, dilution, unfair competition, delivery up, etc. against the defendant.

2. On 21.12.2012, this court directed issuance of Summons in the present suit. By the same order, an ex parte ad interim injunction was granted and the defendant, M/s Leo Foods & Beverages, was restrained from manufacturing, selling or distributing any alcoholic beverage bearing the plaintiff’s trademark/label “Officer’s Choice” or from using any other mark deceptively similar to the trademark/label “Officer’s Choice”. Further a Local Commissioner was also appointed to visit the premises of the defendant.

3. Although summons were sent to the defendant, however, the same returned un-served on numerous occasions and the defendant was directed to be served by way of substituted service by an order dated 17.01.2014. In compliance thereof, the citation was published in the newspaper “Andhra Bhoomi”.

4. Despite being served, the defendant did not enter appearance and participate in the present proceedings. Accordingly, by an order dated 29




























































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