reserved on: 16.09.2014
% Judgment delivered on: 14.10.2014
+ IA Nos.9398/2014 & 11729/2014
in CS(OS) 1433/2014
RAJESH JAIN ..... Plaintiff
Versus
AMIT JAIN & ANR. ..... Defendants
Advocates who appeared in this case:
For the Plaintiff: Mr Sachin Chopra & Mr Kamal Bansal, Advs.
For the Defendants: Mr K.K. Sharma, Sr. Adv. with Mr Suwarn Rajan, Mr Harsh
Vardhan & Mr Akshay Srivastava, Advs.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
RAJIV SHAKDHER,J
IA No.9398/2014 (O. 39 1 & 2 r/w S. 151 CPC) & 11729/2014 (O. 39 R. 4
r/w S. 151 CPC)
1. The plaintiff who is the proprietor of Sudarshan Cosmetics has filed
the instant suit for permanent injunction, infringement of registered
trademark, and copyright, and action for passing off with reliefs for
delivering up the impugned material as also for damages. Summons in the
suit and notice in the plaintiff's interlocutory application being: IA No.
9398/2014 was issued on 16.05.2014.
1.1 On that date the court passed an ad interim ex parte order restraining
the defendants from selling their goods under the impugned mark "Blue
Very". The defendants were also restrained from reproducing the artistic
features of the packaging labels of the plaintiff, as also its get up, lay out and
colour combination. The injunction extended to the defendants, the
proprietors, directors, servants, stockists, dealers, wholesalers, representatives
CS(OS) 1433/2014
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