S. NARENDRA KUMAR Vs. APRICOT FOODS PVT. LTD.

JUDGEMENT

(1.) The above Suit is filed by the Plaintiff to restrain the Defendant from infringing the Plaintiff's registered mark "EVEREST" and the registered marks set out at Exhibits C1 to C40 of the Plaint. The Plaintiff has also sought to restrain the Defendant from using the mark "EVEREST" or any other identical or deceptively similar mark so as to pass off the Defendant's products as that of the Plaintiff's.

(2.) According to the Plaintiff, when the Suit was filed on 28th January 2010, the goods of the Defendant were being sold outside Mumbai. However, after the filing of the Suit in or around August 2012, the Plaintiff came to know that the Defendant's goods were also being sold/marketed in Mumbai. The Plaintiff's employee went to various stores in Mumbai and found the Defendant's products in these stores. It is to bring on record this subsequent fact that an amendment is being sought to the Plaint.

(3.) The Learned Advocate appearing for the Defendant has opposed the Chamber Summons on the following grounds: