+ CS(OS) No.489/2013 and I.A. 4224/2013 & I.A. 12412/2013
ENTERPRISE HOLDINGS, INC ..... Plaintiff Through Dr.Sheetal Vohra, Adv. with
Mr.N.Mahabir, Adv.
versus
ENTERPRISE AUTO RENTALS ..... Defendant Through Mr.Joseph Koshy, Adv. with
Mr.Vikas Thakur, Adv.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN SINGH
MANMOHAN SINGH, J.
1. The present suit has been filed by the plaintiff, Enterprise Holdings, Inc for permanent injunction, restraining infringement of trademark, copyright, passing off, damages, rendition of accounts, delivery up etc. against the defendant. Alongwith the suit, plaintiff also filed an application under Order 39 Rule 1 and 2 read with Section 151 CPC being I.A. 4224/2013.
2. The suit alongwith said interim application was listed before court on 13th March, 2013. After hearing, detailed ex-parte order was passed against the defendant restraining it from offering vehicle rental and leasing services and any other related services under the trademark and trade name ENTERPRISE or ENTERPRIZE or any other deceptively similar mark to plaintiff's trade mark ENTERPRISE.
CS (OS) No.489/2013 Page 1 of 31
3. Upon service of interim order, the defendant filed its written statement and contested the prayer of interim order passed on 13 th March, 2013. The defendant also filed an application under Order 39 Rule 4