2013 (4) TMI 305

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....ng off, unfair competition and damages. 2. However, learned counsel for plaintiff fairly states that she is only pressing prayer 'A' and not prayers 'B to D'. 3. The relevant facts of the present case are that in 1988, plaintiff commenced its business as a partnership firm under the name and style of M/S. AGARWAL PACKERS & MOVERS. Subsequently, in 1991, the partners of M/S. AGARWAL PACKERS & MOV....

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....tion from various eminent personalities for services rendered by the plaintiff have also been exhibited. 7. It is stated in the plaint that in and around April, 2008, plaintiff came across a newspaper advertisement of the defendants wherein the defendants described themselves as "AGARWAL's PACKER AND MOVERS''. Since the defendants' mark was deceptively and confusingly similar to the plaintiff's r....

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....e written statement from the record. 12. On 12th March, 2009, defendants were proceeded ex parte and the plaintiff was directed to file its evidence by way of affidavits. 13. Learned counsel for plaintiff points out that this Court has restrained many other infringers from using the plaintiff trade mark in CS(OS) Nos. 2053/2006, 576/2008 and 834/2008. 14. Having heard learned counsel for the pl....

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....urt is also of the opinion that there is enough material on record to show that the trade mark AGARWAL PACKERS & MOVERS is a well known trade mark in India. Accordingly, use of the plaintiff's mark by the defendants besides constituting infringement and passing off as well as unfair trade competition also amounts to dilution of the mark. 16. Consequently, the defendants, their partners, officers,....