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The appellant, Vasundhra Jewellers Pvt. Ltd., incorporated in 1999, claims continuous use and registration of the mark VASUNDHRA for jewellery, while the respondent, Vasundhara Fashion Jewellery LLP, incorporated in 2016, traces its mark VASUNDHARA to its founder Vasundhara Mantri, who has used the name in business since 2001.
The plaintiff was shocked to find that the defendant unilaterally uploaded a short video clip of the interview on Instagram without prior approval displaying the defendant’s logo, ‘Miss Malini,’ while deliberately obscuring the plaintiff’s ‘Mirchi®’ logo, violating the agreement on usage permissions.
It is the case of the petitioner that they have been using the mark “JACK DANIEL’S” since 1895 in respect of alcoholic beverages. The petitioner is the registered proprietor of various trademarks including “JACK DANIEL’S” and other formative parts.
Mankind Pharma used the mark “MANKIND” since 1986 and holds 78 separate trademark registrations covering a variety of pharmaceutical products. The concern arose when Novakind adopted the name “NOVAKIND” for its pharmaceutical products.
The anonymous websites (Defendants 1-60) have been systematically infringing on the intellectual property rights of the plaintiff through unauthorized content distribution. Operating under hidden or forged identities, these sites flagrantly disregard copyright laws, leveraging the internet’s anonymity to evade accountability.