GUFIC LTD Vs. CLINIQUE LABORATORIES LLC

JUDGEMENT

(1.) This appeal is directed against the order passed by a learned single Judge of this court on 09.04.2009 in IA No.15425/2008 (Under Order 39 Rules 1 and 2, CPC), IA 217/2009, (Under Order 39 Rule 4, CPC) and IA No.2769/2009 [Under Section 124(1) of the Trade Marks Act, 1999] in CS(OS) 2607/2008.

(2.) The respondents / plaintiffs had filed IA No.15425/2008 seeking interim relief. An ex parte order had been passed on that application on 16.12.2008 restraining the appellants / defendants from using the mark CLINIQ or any other mark similar to the mark CLINIQUE of the respondents / plaintiffs till the disposal of the application. The defendants were further restrained from marketing any goods or allowing any goods to be marketed under the impugned trademark through their distributors or other agents or from advertising the same in any manner whatsoever.

(3.) The appellants / defendants had filed IA No.217/2009 (under Order 39 Rule 4, CPC) for vacating the said ex parte order dated 16.12.2008. The respondents / plaintiffs had subsequently filed IA No.2769/2009 (Under Section 124(1) (ii) of the Trade Marks Act, 1999 (hereinafter referred to as the said Act) praying that the proceedings in the suit be stayed till the final disposal of the rectification proceedings which the respondents / plaintiffs had initiated before the trademark authorities for cancellation / rectification of the registration of the trademark SKINCLINIQ in favour of the appellants / defendants.