S M K A ENTERPRICES Vs. SUCHITA INDUSTRIES

JUDGEMENT

(1.) THE appellant in this appeal is the defendant in O. S. No. 6576/2005 pending before the VIII Addl. City Civil judge, Bangalore. The respondent herein who is the plaintiff in the said suit is before the court below in a suit for permanent injunction restraining the defendants and persons claiming under them in any manner using and/ or infringing upon the plaintiff's trade name mark 'tiny care' or any other trade name which is identical to and/or deceptively and/ or confusingly similar to that of the plaintiff's trade mark Tiny care' vide No. 477911b dated 7-9-87 and 318182b dated 31-8-1976. The plaintiff has also further prayed to restrain the defendants in any way selling or offering to sell and/or passing off the infringed product or any other products, directly or indirectly bearing the name 'cozy care' or any other name or any other mark which is similar to the trade name. 'tiny care' of the plaintiff. That apart certain other ancillary reliefs are also claimed.

(2.) DURING the course of this judgment, for the sake of convenience, I propose to refer to the parties in the same rank as referred to before the Civil Court.

(3.) DURING the pendency of the suit, the plaintiffs in aid of their prayer made in the suit filed an application in IA-I under Order 39, Rules 1 and 2 read with Section 151, CPC seeking for temporary injunction in terms of the main prayer. The defendants filed their objections to the said application. The Court below after considering the rival contentions of the parties has by its order dated 5-4-2007 allowed the said application in IA-I. The defendant is before this Court calling in question the order dated 5-4-2007 passed by the court below.