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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)
durian industries ltd
Respondent / Defendant
nikhilbhai p thakker
Dispute Summary
Durian Industries Ltd. sued Nikhilbhai P. Thakker and three others for manufacturing, marketing, and selling furniture and related goods using trademarks deceptively similar to Durian's registered marks 'DURIAN' and 'DURBAN'. The plaintiff sought an injunction to restrain the defendants from infringing their trademark rights and passing off.
Outcome / Ruling
The suit was decreed against defendants 2-4 in terms of prayer clauses (a), (b), and (c), granting a perpetual injunction and ordering them to pay Rs. 5 Lacs towards costs/damages which were donated to the Indian Red Cross Society Mumbai; Defendant No. 1 gave an undertaking that he had not used or intended to use the marks.
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