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COCA COLA COMPANY and ANR Versus RAJESH

2011 (8) TMI 1286 - DELHI HIGH COURT

CS(OS) 2080/2011 with IA No.13583/2011 - Dated:- 29-8-2011 - GITA MITTAL For the Appellant:Mr. C.M. Lall, Ms. Ekta Sarin, Ms. Nancy Roy and Ms. Ankita, Advs. ORDER IA No.13583/2011 1. The plaintiff shall file legible copies of documents which are dim within eight weeks. Original documents shall be filed with the replication. This application is allowed in the above terms. CS(OS) 2080/2011 2. Subject to the plaintiffs taking steps within one week, issue summons in the suit to the defendant by ord .....

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eadings. In case parties are placing reliance on a document which is not in their power and possession, its details and source shall be mentioned in the list of reliance which shall be also filed with the pleadings. 5. Admission/denial of documents shall be filed on affidavit by the parties within two weeks of the completion of the pleadings. The affidavit shall include the list of the documents of the other party. The deponent shall indicate its position with regard to the documents against the .....

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f as well as his counsel of the same by a written notice. Such written notices shall be treated as consent of the parties to the mediation process. The plaintiff and/or defendant may then approach the Delhi High Court Mediation and Conciliation Centre for facilitating mediation in the matter and proceeding in accordance with the rules of the Centre. Such participation in the mediation by the parties shall be without prejudice to the rights and contentions of the parties in the suit. 9. The parti .....

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strar for marking of exhibits on 23rd November, 2011. 13. The matter shall be fixed before the court for re porting outcome of the mediation/framing of issues on 11th January, 2012. IA No. 13582/2011(Under Order 39 Rule 1 and 2 CPC) 14. Issue notice to the defendants returnable before the Court, on 11th January, 2012. 15. The plaintiff has instituted the present suit against the defendant complaining of infringement of their registered trademarks COKE and COKE STUDIO; passing of an unfair compet .....

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n association with or emanates from the plaintiffs. The plaintiff no. 1 has given extensive details of the registration of the trademark COKE dates back to March 13, 1943 in class 32 as well as of the trademark COKE STUDIO and other COKE formative marks in the plaint as well as in the application. Extensive figures of the sale effected by the plaintiffs under this trademark not only in India but all over the world have been placed on record. The plaintiffs have made extensive averments with rega .....

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hich the plaintiffs offer their products are famous and would fall within the definition of unique marks defined under Section 2(g) of the Trademarks Act which are entitled to protection under the Trademarks Act. 16. On a hearing of learned counsel for the plaintiffs and having perused the plaint, application and documents, I am satisfied that the plaintiffs has made out a prima facie case for grant of an ad-interim protection to the acts of the defendants which are an obvious attempt to mislead .....

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