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Case Lawsuit Title
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Case / Trial ID Number
Jurisdiction Code
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us
in
upc
eu
Category
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Patent
Trademark
Copyright
Design
Filing Date
Decision Verdict Date
Court / Tribunal
Bench / Panel Judges
Petitioner / Claimant (Plaintiff)
itc limited
Respondent / Defendant
kamal jain
Dispute Summary
ITC Limited sued Kamal Jain & Ors for trademark infringement concerning the marks 'Dark Delight' and 'Dark Fantasy'. Defendant No. 2 agreed to a decree in terms of an earlier order and the Plaintiff’s claim in paragraph 57(i) and (ii) of the plaint, but sought to forgo claims for damages and costs. The defendant also undertook not to use ‘Dark Delight’ or deceptively similar marks.
Outcome / Ruling
The suit was decreed against Defendant No. 2 in terms of the undertakings outlined in paragraphs 3 and 4 of the affidavit, binding the parties to those commitments, while Plaintiff relinquished claims against Defendant No. 1 (a wholesaler) and any damages/costs.
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