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In the matter of Mittal Electronics v Sujata Home Appliances
Private Limited & Ors
, (Ref: CS(COMM) 60/2020 (Suit)),
the Learned Single Judge of the Delhi High Court (Court) has passed
an order dated 9 September 2020 (Decision) partially vacating the
ex-parte ad-interim injunction granted to the Plaintiff
(defined hereinafter) due to its non-use of the Trade Mark (defined
hereinafter) in respect of the Defendants goods (defined
hereinafter) and suppression of material facts.
Factual Background
In February 2020, Mittal Electronics (Plaintiff), claiming to be
the adopter since 1980 and registered proprietor of the trade mark
‘SUJATA (Trade Mark) in various classes, including in
class 11, instituted the Suit against Sujata Home Appliances