RAHUL JAIN Vs. KALPESH KUMAR

JUDGEMENT

(1.) This appeal under Order XLIII Rule 1(r) of CPC is filed by the plaintiff in O.S.No.5055/2020, challenging the order dtd. 27/9/2021 passed by the XVIII Additional City Civil Judge, Bengaluru on I.A.Nos.2 to 4 whereby the trial Court has dismissed I.A.Nos.2 and 3 filed by the plaintiff under XXXIX Rules 1 and 2 of CPC and allowed I.A.No.4 filed by the defendant under Order XXXIX Rule 3A and 4 of CPC.

(2.) The plaintiff has filed a suit seeking for the following reliefs:

(3.) During the pendency of the suit, the plaintiff has filed I.A.Nos.2 and 3 under XXXIX Rules 1 and 2 of CPC seeking temporary injunction restraining the defendant and it's employees, servants, agents or any person/s acting or claiming under them in whatsoever capacity, from carrying on the business of manufacturing, selling, marketing, distributing and in any manner trading with products, goods or services under the mark/name/label "Kiosk", tagline "The New Generation To Interiors" and "Kiosk", with similar name phonetically deceptively similar or in any manner whatsoever causing infringement of the plaintiff's trademark/word mark, label mark and or brand name "KIOSK" bearing TM No.4378783 and TM No.4378784 pending disposal of the suit.