LEVI STRAUSS & CO Vs. RAJESH AGARWAL

JUDGEMENT

(1.) The present appeal arises out of judgement/order dated 28th November, 2006 passed by the Ld. Additional District Judge by which the suit filed by the Appellant/Plaintiff (hereinafter 'Appellant') was dismissed. The suit was initially filed before the original side of this Court and later on transferred, on the increase in the pecuniary jurisdiction, to the district court.

(2.) Initially, an ex-parte ad-interim injunction was granted on 3rd October, 2001 which was continued till the disposal of the suit. Suit was dismissed on 28th November 2006. Vide order dated 28th May 2007, in the present appeal, it was directed that the injunction granted on 3rd October, 2001 would continue. Thereafter, the appeal was admitted on 23rd October, 2007. The matter has been taken up for hearing today. None appears for the Respondent despite service.

(3.) The Plaintiff filed the suit for permanent injunction restraining the infringement of trademark, copyright and passing off in respect of the Plaintiff's trademark "LEVI'S", "LEVI STRAUSS", derivatives and labels thereof (hereinafter 'trade marks'). The Plaintiff claims to be using the trade mark since 1850 and claims to be one of the well known brands for wearing apparels, particularly jeans. The Plaintiff is the registered proprietor of the trade marks. Details of the same are set out in paragraph 8 of the plaint. According to the plaint, the Defendant was selling wearing apparels bearing identical logos and devices as of the Plaintiff. The Plaintiff, thus, prayed for permanent injunction and damages.