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This order passed by the Delhi High Court emphasizes the perils of suppressing material facts when seeking an interim injunction. Plaintiff, Kent RO System Ltd, and Ors filed the suit against the Defendants, Gattubhai and Ors, alleging trademark infringement, passing off, etc., and restraining the latter from using the mark ‘KENT’ concerning their business. The Defendants have applied to set aside the ex-parte injunction granted earlier, which the Court is considering.
The plaintiff in the suits contends:
Defendants oppose the injunction application on the following:
The High Court vacated the injunction order restraining the Defendants from using the mark ‘KENT’ or ‘KENT APPLIANCES’ or its variants. However, it restrained the Defendants from using the colour scheme of white and blue or any similar colour scheme used by the Plaintiffs.
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