The Court: This is an application filed by the Petitioner/Plaintiff, praying for
restraining orders against the Respondent/Defendant from using the mark ―Duro Touch‖
or ―Duro‖ or any other mark which is deceptively similar or identical in name with the
Petitioners’ registered trademark ―DURO‖ marks and ―DURO‖ brand name. Since the
application was part heard, it was taken up for hearing and disposed of by this order.
Sum and substance of the Petitioners’ case may be summarized as follow:
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i. The Petitioner No. 1 is a registered company carrying on business of
manufacturing, distribution, marketing and sale of plywood, paper, tea,
furniture and allied products. The Petitioner No. 1 was incorporated in the
year 1957 under the name and style of M/s Sarda Plywood Industries Ltd. On
and from 13/12/2018, the name of the Petitioner No. 1 has been changed to
M/s Duroply Industries Ltd. The Petitioner No. 2 is a sister concern of the
Petitioner No. 1 and was incorporated on 11/10/1991.