JUDGEMENT

V. Kameswar Rao, J. - (1.)I.As. 16180/2019 & 18402/2019 in CS(COMM) 638/2019
1. By this order, I shall decide four applications being I.As. 16177/2019 (Order 39 Rule 1 & 2) & 18169/2019 (Order 39 Rule 4) in CS(COMM) 637/2019 and I.As. 16180/2019 (Order 39 Rule 1 & 2) & 18402/2019 (Order 39 Rule 4) in CS(COMM) 638/2019.

I.As. 16177/2019 & 18169/2019 in CS(COMM) 637/2019

(2.)Cs (COMM) 637/2019 has been filed by the plaintiff seeking to restrain the defendant from using the identical /deceptively similar mark LIBERTY,
and deceptively similar trade name LIBERTY INNOVATIVE OUTFITS or any identical/deceptively similar mark/logo for its goods and services so as to result in violation of the statutory and common law rights of the Plaintiff in its well-known trade mark 'LIBERTY' along with damages / account of profits against the defendant. It may be stated here that on November 20, 2019, ad interim order was passed in favour of the plaintiff.

(3.)Some of the facts as noted from the plaint are, plaintiff, a registered partnership firm, was established in the year 1954. The plaintiff forms an integral part of Liberty Group of Companies and Firms ('Liberty Group', for short), which includes partnership firms Liberty Group Marketing Division ('LGMD', for short), Liberty Enterprise ('LE', for short) and Liberty Shoes Limited ('LSL', for short). The Liberty Group has since its establishment been engaged in the business of manufacturing and marketing footwear and fashion products. It is noted from the plaint that the foundation of the footwear business under the brand and banner of 'LIBERTY' was established by the elder son of Freedom Fighter Late Lajja Ram Gupta, a renowned and respected resident of a small town Karnal of erstwhile Punjab, now in Haryana, before independence of India in 1944. The business was incorporated to help the shoemaker community of Karnal that was for generations engaged in the production of safety shoes for army men. It is the case of the plaintiff, that the plaintiff firm was established, founded by two sons of Late Lajja Ram Gupta, namely Late Dharam Pal Gupta and Late Purushottam Das Gupta with their nephew Late Raj Kumar Bansal. The Liberty Group operations started in the year 1954 from a retail outlet in Karnal and for well over six decades, the Liberty Group has been leading the Indian market with the most diversified variety of quality products under its brand such as leather bags, belts, wallets, stroller bags, school bags, ladies handbags, leather jackets, perfumes, deodorants, sweat shirts, sports & fitness apparels etc. It is the case of the plaintiff that today, the Liberty Group is amongst the largest footwear and leather accessories manufacturing group in India and forms an integral part of the leading fashion and lifestyle retail companies in India. It is also averred that the Liberty Group, in addition to its well-known trademark 'LIBERTY', has launched various international and domestic brands/sub-brands including but not limited to TIPTOPP, FORCE 10, SENORITA, FORTUNE, PREFECT, FOOTFUN, GLIDERS, COOLERS, WINDSOR etc.


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