9911796707
TMI Blog2013 (4) TMI 305X X X X Extracts X X X X X X X X Extracts X X X X ..... s besides constituting infringement and passing off as well as unfair trade competition also amounts to dilution of the mark. The defendants, their partners, officers, employees, agents, distributors, franchisees, representatives and assigns are restrained by way of permanent injunction from using AGARWAL and/or AGARWAL’s PACKER and/or AGARWAL’s PACKER & MOVERS or any other trade mark or name similar to the plaintiff’s registered trade mark or in any other manner whatsoever so as to infringe the registered trade marks of the plaintiff or to pass off their services or business as and for the services or business of the plaintiff or from using any other indicia whatsoever to show any association or affiliation or connection of the defendan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n advertising have been placed on record. Letters of appreciation from various eminent personalities for services rendered by the plaintiff have also been exhibited. 7. It is stated in the plaint that in and around April, 2008, plaintiff came across a newspaper advertisement of the defendants wherein the defendants described themselves as AGARWAL s PACKER AND MOVERS . Since the defendants mark was deceptively and confusingly similar to the plaintiff s registered trade mark/trade name, plaintiff instituted the present suit. 8. On 02nd June, 2008, this Court granted an ex parte ad interim injunction against the defendants. 9. In October, 2008, defendants filed their written statement. On 04th November, 2008, learned counsel for defen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he plaintiff s mark have attempted to ride upon the goodwill and reputation of the plaintiff amongst members of trade and public desirous of availing of the services of the nature provided by the plaintiff. 15. This Court is also of the opinion that there is enough material on record to show that the trade mark AGARWAL PACKERS MOVERS is a well known trade mark in India. Accordingly, use of the plaintiff s mark by the defendants besides constituting infringement and passing off as well as unfair trade competition also amounts to dilution of the mark. 16. Consequently, the defendants, their partners, officers, employees, agents, distributors, franchisees, representatives and assigns are restrained by way of permanent injunction from usi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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