Supreme Court of India
Shabu Kn Achary v. Dharampal Premchand Limited
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
On the above reasoning, we reverse the impugned order of the High Court and direct the trial to be proceeded with after recalling the plaintiff and recording his answer. ... The appeal is allowed.
Judgment, 9, 11
In brief
The respondent-plaintiff sued the appellant-defendant for permanent injunction, declaration that two marks were its exclusive trademarks under Section 2(1)(zg) read with Section 11(6) of the Trade Marks Act, 1999, and damages, alleging that the defendant used the plaintiff's brand name 'BABA' with packaging/trade-dress identical to the plaintiff's, and infringed its registered copyright and trademark. The plaintiff's affidavit filed in support of its injunction application specifically asserted such infringement of its brand name and unique trade dress.…
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