BURBERRY LTD Vs. ADITYA VERMA

JUDGEMENT

(1.) This is a Regular First Appeal filed under Sec. 96 read with Order XLI Rule 1 and 2 CPC and Sec. 151 CPC by the plaintiff before the learned Trial Court. The appeal is against the judgment dtd. 7/11/2019 passed by the learned ADJ Patiala House Courts, New Delhi in TM No.204/2017, dismissing the suit.

(2.) The suit had been filed by the appellant/plaintiff under Ss. 134 and 135 of the Trade Marks Act, 1999, and Sec. and 55 of the Copyright Act, 1957, for permanent injunction restraining the respondent/defendant from violating the appellant 's/plaintiff 's proprietary rights in its registered 'BURBERRY ' trade marks and labels as also against passing off, delivery-up, rendition of accounts etc. The learned Trial Court had granted interim injunction to the appellant/plaintiff vide its order dtd. 12/10/2017, also appointing a Local Commissioner.

(3.) The respondent/defendant filed his written statement on 22/12/2017. Issues were framed on 1/2/2019 which are reproduced herein below for ready reference:-