MARICO LIMITED Vs. MADHU GUPTA

JUDGEMENT

(1.) BY The Present Order, I Propose To Dispose Of The Captioned Applications Filed By The Plaintiffs And The Defendant. While The Plaintiffs Have Filed An Interlocutory Application (Hereinafter Referred To In Short As 'IA') Being Ia No.15565/2009 Under The Provisions Of Order 39 Rule 1 And 2 Of The Code Of Civil Procedure, 1908 (In Short 'CPC'), The Defendant Has Filed An Ia Under The Provisions Of Order 39 Rule 4 Of The Cpc Being Ia No. 16243/2009. 1.1ï¿ 1/2 At the heart of the dispute, is the issue concerning the use of the word mark 'Kaya'. The defendant, who is essentially running a beauty salon in Ranchi and Dhanbad under the name and trading style of 'The Kaya Beauty Salon & Cosmetics' - asserts her right to use the word mark 'KAYA', as part of her trading style and name in respect of which, the plaintiffs claim proprietary rights.

(2.) IN order to appreciate the rival submissions in this regard, the following brief facts may be noticed :-

(3.) MR Sudhir Chandra, the learned Senior counsel appearing on behalf of the defendant has, apart from stating the case as set out in the pleadings, stressed upon the following submissions :-