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TMI Blog2011 (8) TMI 1286X X X X Extracts X X X X X X X X Extracts X X X X ..... statement to the plaint shall be positively filed within four weeks of the receipt of the summons. Liberty is given to the plaintiff to file replication and rejoinder within two weeks of the receipt of the advance copy of the written statement and reply. 4. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document which is not in their power and possession, its details and source shall be mentioned in the list of reliance which shall be also filed with the pleadings. 5. Admission/denial of documents shall be filed on affidavit by the parties within two weeks of the completion of the pleadings. The affidavit shall include ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ublished by Samadhan s the Delhi High Court Mediation and Conciliation Centre with the summons. 12. The parties shall appear before the Joint Registrar for marking of exhibits on 23rd November, 2011. 13. The matter shall be fixed before the court for re porting outcome of the mediation/framing of issues on 11th January, 2012. IA No. 13582/2011(Under Order 39 Rule 1 and 2 CPC) 14. Issue notice to the defendants returnable before the Court, on 11th January, 2012. 15. The plaintiff has instituted the present suit against the defendant complaining of infringement of their registered trademarks COKE and COKE STUDIO; passing of an unfair competition by the defendant. The plaintiff has complained that the defendant has imitated and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of unique marks defined under Section 2(g) of the Trademarks Act which are entitled to protection under the Trademarks Act. 16. On a hearing of learned counsel for the plaintiffs and having perused the plaint, application and documents, I am satisfied that the plaintiffs has made out a prima facie case for grant of an ad-interim protection to the acts of the defendants which are an obvious attempt to mislead the consumers at large and ride upon the goodwill of the plaintiffs. 17. Perusal of the plaint also shows that balance of convenience is in favour of the plaintiff inasmuch as the defendant has not commenced the use of the domain name which it has got registered. Interests of justice and equity are in favour of the plaintiff. Grav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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