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TMI Blog2015 (8) TMI 1540X X X X Extracts X X X X X X X X Extracts X X X X ..... re the Joint Registrar on 19th October, 2015 for completion of service and pleadings as also for admission and denial of documents. 3. The summons to be issued to the defendants shall indicate that written statements be filed within the prescribed timeline, with copies to the other side, who shall file replications thereto before the next date of hearing. 4. List in Court on 3rd February, 2016 for framing of issues. 5. The parties shall exchange their respective issues proposed to be framed one week before the next date of hearing and produce the same in Court. I.A.17472/2015 (by the plaintiffs u/O XXXIX R 1 and 2 CPC) 1. Notice for the date fixed. 2. The plaintiffs have instituted the accompanying suit for permanent injunction, restr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts spent by the plaintiffs on advertisement and promotion of their products worldwide for the year 2012-13 have been set out in para 8 of the plaint. 5. The subject matter of the present suit is the plaintiffs' rights in the Form Strip Logo (....), that appears on both sides of the shoes manufactured, marketed and sold by the plaintiffs. Learned counsel submits that the aforesaid Form Strip Logo (....) was created by the plaintiffs in the year 1956 and it appears in a unique style on both sides of the shoes manufactured by the plaintiffs thus making it one of the distinctive source identifiers of the shoes that are manufactured and sold by the plaintiffs under the mark, "PUMA" and its different variants. The said Form Strip Logo (....), is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... apart from the said products, the defendants were manufacturing and marketing various other models of sports shoes on which they were using the impugned logo (....). A comparision of the defendants' products, vis-à-vis that of the plaintiffs has been set out in para 24 of the plaint. Learned counsel submits that adoption of the impugned logo (....) by the defendats, which is identical to the plaintiffs' Form Strip Logo (....) is a malafide and a deliberate attempt on their part to misrepresent to the public at large that their products are in someway associated with the plaintiffs. He contends that such intended use of the plaintiffs' form strip logo (....) by the defendants in respect of identical goods as those of the plaintiffs' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssion in respect of the premises of the defendant No.4 at Nu-Fashion Footwear Pvt. Ltd., 299, Sector-17, HSIIDC, Footwear Park, Bahadurgarh, Haryana-124507. 3. The Local Commissioner shall visit the premises of the defendants, without prior notice to them, and make an inventory of all the impugned materials. He shall also take into custody the aforesaid materials, which shall be sealed and returned to the defendants on superdari with a direction to produce them before this Court as and when directed. 4. The Local Commissioner shall be entitled to take the assistance of the representatives of the plaintiffs and seek police aid if deemed necessary, to execute the commission. The SHO of the area concerned shall render all necessary assi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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