REGENT COMPUTRONICS PVT. LTD.

FOODWORLD Appellant

V/S

FOODWORLD HOSPITALITY PVT. LTD. Respondents

Referred Judgements :-

CELLULAR CLOTHING V. MAXTON AND MURRAY [REFERRED TO]
BURBERRYS V. CORDING [REFERRED TO]
SPALDING V. GAMAGE [REFERRED TO]
BRESTIAN V. TRY [REFERRED TO]
H.P. BULMER LTD. AND SHOWERINGS LTD. V. J. BOLLINGER S.A. [REFERRED TO]
MORECAMBE AND HEYSHAM V. MECCA LTD [REFERRED TO]
RECKITT AND COLMAN PRODUCTS LTD V. BORDEN INC AND OTHERS [REFERRED TO]
ERVEN WARNINK V. TOWNEND [REFERRED TO]
POWER CONTROL APPLIANCES V. SUMEET MACHINES PVT LTD. [REFERRED TO]
PERKINS V. SHONE [REFERRED TO]
KINDA TOWN LTD. V. SOLL [REFERRED TO]
WAGAMAMA LTD. V. CITY CENTRE RESTAURANTS [REFERRED TO]
CADBURY SCHWEPPES V. PUB SQUASH CO [REFERRED TO]
LONDON RUBBER CO LIMITED VS. DUREX PRODUCTS INCORPORATED [REFERRED TO]
MAHENDRA AND MAHENDRA PAPER MILLS LIMITED VS. MAHINDRA AND MAHINDRA LIMITED [REFERRED TO]
LAXMIKANT V PATEL VS. CHETANBHAT SHAH [REFERRED TO]
GODFREY PHILLIPS INDIA LIMITED VS. GIRNAR FOOD AND BEVERAGES PRIVATE LIMITED [REFERRED TO]
CENTURY TRADERS VS. ROSHANLAL DUGGAR AND COMPANY [REFERRED TO]
B K ENGINEERING CO VS. UBHI ENTERPRISES REGD [REFERRED TO]
AUTOMATIC ELECTRIC LIMITED VS. R K DHAWAN [REFERRED TO]
SMITHKLINE NEECHAM PLC VS. HINDUSTAN LEVER LIMITED [REFERRED TO]
VIJAY KUMAR AHUJA VS. LALITA AHUJA [REFERRED TO]
MANISH VIJ VS. INDRA CHUGH [REFERRED TO]
SONA SPICES PVT LTD VS. SOONGACHI TEA INDUSTRIES PVT LTD [REFERRED TO]
ISHI KHOSLA VS. ANIL AGGARWAL [REFERRED TO]
BRITANNIA INDUSTRIES LTD VS. CREMICA AGRO FOODS LTD [REFERRED TO]
FIRST COMPUTERS FORMERLY KNOWN AS BRILLIANTS COMPUTER CENTRE VS. A GURUPRASAD [REFERRED TO]

JUDGEMENT

(1.) This suit, filed on 12th October 2004, prays for a decree of permanent injunction to restrain the Defendant from marketing, selling, offering for sale, advertising, directly or indirectly dealing in food products and food business under the trademark and trade name FOODWORLD or any other mark or name deceptively similar thereto as may likely to cause confusion or deception amounting to passing off of Defendants goods and business as those of the Plaintiff. The other prayers in the suit are for delivery up of the infringing packaging, labels and rendition of accounts and for a decree for the amount due or in the alternative for Rs.20 lakhs as token damages. Case of the Plaintiff

(2.) The Plaintiff M/s Foodworld is a registered partnership firm having its registered office at Greater Kailash Part-II, New Delhi. It is stated that earlier the Plaintiff was a proprietorship concern of which Mr. Iqbal Krishan Dogra was the sole proprietor. Since 1987, the said concern was in the food business which included institutional and outdoor catering under the trademark/trade name FOODWORLD. On 15th March 2001, Mr. Dogra inducted his wife Mrs. Meenakshi Dogra as a partner and by a partnership deed dated 15th March 2001 converted the proprietorship concern into a partnership firm.

(3.) An application was made on 4th August 1994 by Mr. Dogra and Mrs. Meenakshi Dogra for registration of the trademark FOODWORLD (label) in Class 30 of the Schedule to the Trade and Merchandise Marks Act 1958 (TM Act 1958) i.e. coffee, tea, cocoa, sugar, flour preparation made from cereals, bread, biscuits, cakes, pastry and confectionary etc. The said registration was opposed by the Defendant and was pending at the time of the filing of the suit.

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FOODWORLD Vs. FOODWORLD HOSPITALITY PVT LTD

Referred Judgements :-

JUDGEMENT

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