SANA HERBALS PRIVATE LIMITED Vs. MOHSIN DEHLVI

JUDGEMENT

(1.) This appeal assails order dtd. 21/12/2024, passed by the learned District Judge, Commercial Court-03 (Central), Tis Hazari whereby the appellant's application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908["CPC"hereinafter"] has been dismissed. Respondent "the learned Commercial Court" hereinafter, in the appeal, is Mohsin Dehlvi, and Respondent is Dehlvi Remedies Pvt. Ltd.

(2.) CS (Comm) 1776/2020 Sana Herbals Pvt Ltd v. Mohsin Dehlvi and Anr., stands instituted by the appellant against the respondents, alleging (i) infringement, by the respondents, of the trade mark NOKUFSYRUP which stands registered in favour of the appellant, under Sec. 23 of the Trade Marks Act, 1999, with effect from 15/5/2015, and (ii) passing off, by the respondents, of their product NOKUF/ KufNo Syrup as the product of the appellant, by using the mark NOKUF.

(3.) No case of infringement can sustain