ORA/247/2009/TM/AMD. Case: Ashok Gupta Vs Saroj Sharma. Intellectual Propery Appellate Board Cases

Case NumberORA/247/2009/TM/AMD
JudgesK.N. Basha, J. (Chairman) and Sanjeev Kumar Chaswal, Member (T(Trade Marks))
IssueIntellectual Property Rights
Judgement DateMarch 12, 2015
CourtIntellectual Propery Appellate Board Cases


K.N. Basha, J. (Chairman)

  1. The learned counsel for the applicant has sent a communication on 25.2.2015 to the Registry of the Intellectual Property Appellate Board, Chennai-18 stating that the applicant does not wish to continue with the present original rectification application, as per the undertaking given by the learned counsel for the respondent herein before the Delhi High Court on 22.08.2013. The learned counsel along with the above said communication also enclosed a copy of the Delhi High Court order passed in CS (OS) No. 2469 of 2009, which reads hereunder:

    "Learned counsel for the defendant submits that the defendant is no longer in business for the last about two and half years. He submits that the defendant used the mark "Sakarni" only for about a year, and after the filing of the suit, the said mark has not even been used by the defendant. He further states on instructions from the defendant that the defendant undertakes to the court not to use the said mark in future as well, or any other mark which is deceptively similar to the plaintiffs...

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