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Patent
Trademark
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Petitioner / Claimant (Plaintiff)
broad peak investment holdings ltd
Respondent / Defendant
broad peak capital advisors llp
Dispute Summary
Peps Industries Private Limited (PEPS) sued Kurlon Limited for trademark infringement, alleging Kurlon was using the mark 'NO TURN' on mattresses in violation of PEPS’s registered trademark. Kurlon asserted a prior use defense under Section 34 of the Trade Marks Act and argued the mark was descriptive.
Outcome / Ruling
The Delhi High Court reversed the Single Judge’s decision, set aside the order denying interim injunction, and restrained Kurlon from using 'NO TURN' pending the outcome of the suit.
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