COCA COLA COMPANY Vs. NARSING RAO

JUDGEMENT

(1.) The plaintiff has instituted this suit ( on 29th July, 2013) claiming permanent injunction restraining the defendant from manufacturing or authorising the manufacture, selling or offering for sale, marketing, advertising, promoting, displaying or in any other manner whatsoever using the offending trademarks KELBY and/or KELBY Club Soda (label) and/or KELBY bottled water (label) and/or the offending bottle shape and/or any other mark which is deceptively or confusingly similar to the registered trademarks KINLEY Club Soda (label), KINLEY (label), KINLEY (word) and DANUBE Bottle shape of the Plaintiff No. 1, as a trademark or part of a trademark, trade name or part of a trade name or in any other manner whatsoever so as to infringe the Plaintiff No. 1's registered trademarks, and for ancillary reliefs of delivery, damages etc.

(2.) The case of the plaintiff in the plaint is:

(3.) Summons of the suit and notice of the application for interim relief were issued and vide ex-parte ad-interim order dated 30th July, 2013, the defendants were restrained from using the same get up as then being used by them in respect of their mark KELBY.