LAWS(GJH)-2022-12-1834

SIMERO VITRIFIED PRIVATE LIMITED Vs. SIMORA TILES LLP

Decided On December 22, 2022
Simero Vitrified Private Limited Appellant
V/S
Simora Tiles Llp Respondents

JUDGEMENT

(1.) Being aggrieved and dissatisfied with order dtd. 3/1/2022, passed below Exh.5 in Trade Mark Suit No.1 of 2017 by the learned 2nd Additional District Judge at Morbi, the original plaintiff has preferred the present A from Order under Order 43, Rule 1 of Code of Civil Procedure, 1908. The appellant is the original plaintiff and respondent is the original defendant (for the brevity the parties are referred to in this order as per the character assigned to them before learned trial Court).

(2.) The short facts giving rise to the present Appeal from Order are that the plaintiff is a private limited company engaged in the business of manufacturing, marketing and selling varieties of ceramic items under the Trademark and Trade name "Simero" since 2014 continuously, extensively, exclusively, openly and uninterruptedly throughout the country as well as abroad.

(3.) Heard learned advocate, Mr.R.N.Shah for the appellant- plaintiff and learned advocate Mr.Akshay Vakil for the respondent-defendant at length, perused the material placed on record and the decisions cited at bar.