LAWS(DLH)-2010-3-8

TOYOTA JIDOSHA KABUSHIKI KAISHA Vs. DEEPAK MANGAL

Decided On March 19, 2010
TOYOTA JIDOSHA KABUSHIKI KAISHA Appellant
V/S
DEEPAK MANGAL Respondents

JUDGEMENT

(1.) I.A.No.16776/2009: This is an application filed by the plaintiff under order 39 Rule 1 & 2 CPC. Vide ex parte order dated 22.12.2009 defendants had been restrained from using the trademark/trading style TOYOTA, the toyota device, INNOVA and PRIUS in respect of auto parts and accessories or any other allied goods or to do anything which may cause confusion or deception amounting to passing off defendant's goods as that of the plaintiff.

(2.) I.A.No.110/2010: This is an application under Order XXXIX Rule 4 CPC filed by the defendant; he has prayed that the ex parte order dated 22.12.2009 be set aside.

(3.) I.A.No.1156/2010: This is an application under Order 39 Rule 2A CPC filed by the plaintiff; it has been prayed that the defendant in spite of the ex parte injunction operating against him is continuing user of the trademarks of the plaintiff and is also guilty of passing off of the goods of the plaintiff as that of his own.