VIMI VERMA Vs. SANJAY VERMA

JUDGEMENT

(1.) The present petition under Section 9 of the Arbitration & Conciliation Act, 1996 (hereinafter referred to as "the Act") is instituted by the Petitioner, Mrs. Vimi Verma, for the protection of her rights in the registered trademarks SIMPEX and SIMPEX-PRO used in connection with apparatus and instruments for use in photography in class 09 which are alleged to be infringed by the use of a deceptively similar mark SIMPLEX by the respondents.

(2.) Relevant facts as per petition

(3.) The petitioner claims to have unfettered rights in the said marks and the respondent by using/threatening to use a deceptively similar mark SIMPLEX as a part of trading style grossly violated the stipulations of the aforesaid MOU and also violated the common law and statutory rights of the petitioner, i.e. clearly violated Section 29(5) of the Trade Marks Act, 1999.