ITC LIMITED Vs. CG FOODS (INDIA) PRIVATE LIMITED

JUDGEMENT

(1.) This is a plaintiffs appeal in a suit for passing off and copyright infringement, challenging the common order dated 22.06.2021 passed by LXXXIV Additional City Civil and Sessions Judge, Commercial Court, Bengaluru (for short 'trial judge ') on I.A.Nos.I to III in O.S.No.177/2021, allowing the defendant 's application (I.A III) for vacation of ex-parte interim order and refusing to grant the relief of temporary injunction on the applications (I.A.No.I and I.A.II) filed by the plaintiff.

(2.) The plaintiff had filed I.A.I seeking to prevent the defendant from passing off defendant 's wrapper as that of the plaintiffs. I.A II had been filed to temporarily injunct the defendant, pending completion of suit, from using a wrapper which has the effect of infringing the plaintiff 's copyright in its (plaintiffs) wrapper.

(3.) Though matter is listed for admission, by consent of learned Advocates, the appeal is admitted and is taken up for final disposal, since hearing the interlocutory applications filed along with appeal is as good as hearing the appeal on merits.