LAWS(KAR)-2016-9-147

M/S. AVIGHNA COFFEE PVT. LTD. HAVING ITS REGISTERED OFFICE AT: NO.514/1, 80 FEET ROAD KORAMANGALA 1ST BLOCK BENGALURU Vs. M/S COTHAS COFFEE CO. HAVING ITS REGISTERED OFFICE AT NO.609

Decided On September 14, 2016
M/S. Avighna Coffee Pvt. Ltd. Having Its Registered Office At: No.514/1, 80 Feet Road Koramangala 1St Block Bengaluru Appellant
V/S
M/S Cothas Coffee Co. Having Its Registered Office At No.609 Respondents

JUDGEMENT

(1.) This appeal is presented by the defendant before the Trial Court challenging the order dated 20.2.2016 allowing IAs No.1 and 2 filed under Order 39 Rules 1 and 2 read with Section 151 CPC and restraining the defendant from causing any sale and advertisement of its product under the trademark "cothagiri" or any other mark either in English or in any other language identified with or deceptively similar to plaintiffs registered trademarks "Cothas Coffee" and "Cothas".

(2.) Plaintiff-respondent has filed Cross Objections to set aside a finding recorded by the trial Court that it has not complied with provisions of Order 39, Rule 3 (a) CPC.

(3.) For the sake of convenience, parties are referred as per their status before the Trial Court.