VEEKESY RUBBER INDUSTRIES PVT LTD Vs. DEEPAK GUPTA

JUDGEMENT

(1.) The plaintiff has instituted this suit inter alia to restrain the defendant from passing off its goods as that of the plaintiff by adopting the mark "VKG", claiming the same to be deceptively similar to the plaintiff's mark "VKC", both in respect of footwear.

(2.) The suit was entertained but in view of the fact that the mark of the defendant was also registered and the plaintiff had already moved the Intellectual Property Appellate Board (IPAB) for removal of the defendant's mark from the Register, no ex parte order granted.

(3.) The defendant has contested the suit by filing written statement and to which a replication has been filed by the plaintiff.