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Order Date:24.08.2022
Case No. GA/1/2016 in CS No.272/2016
Calcutta High Court
Krishna Rao
ITC Limited Vs Muralidharan Nair
Joinder of Several causes of action is permissible in law provided that they are intimately connected so as to justify their being included in one suit.
Where there are two more causes pending in the Court and it appears that some question of law or fact arises in both or the suits or that the rights to relief claimed in the suits are in respect of or arise out of the same transaction or series of transaction or that for some other reason, it is desirable to make an order directing consolidation of suits.
The cause of action for infringement of Trademark and passing off are almost same.
In order to determine whether the defendants mark is similar to the
plaintiff’s mark or imitation of the plaintiff’s mark, the same tests would have
to be followed both in case of infringement and passing off.
Accordingly the Plaintiff was allowed to join together with its causes of action against the defendants in respect of infringement and passing off of its trademark “AKSHAYA” and “AASHIRVAAD” and to have the same tried and adjudicated upon joint in CS 272 of 2016.
Ajay Amitabh Suman, IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
जंजीर
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