AVIS INTERNATIONAL LIMITED Vs. AVI FOOTWEAR INDUSTRIES

JUDGEMENT

(1.) By this order I intend to deal with two interim applications bearing 1.A. No. 88 of 1990 and I.A. No. 2266 of 1990. which have been filed in Suit No. 18' of 1990.

(2.) I.A. No. 88 of 1990 is an application under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, whereby the plaintiffs seek to obtain an order of injunction restraining the defendants, their servants, agents, stockists, dealers and all other persons from using the trade mark AEVIS in respect of shoes or any other trade mark which is confusing or deceptively similar to the registered trade mark A.VIS of the plaintiffs. bearing registration No. 352018 (in class 25). The plaintiffs state that they have got the said mark AVIS registered in respect of readymade garments, wearing apparels including jeans, jackets, shirts blouses, socks, hosiery, brassers and footwear, and that the mark is registered on 1-8-1979.

(3.) The other application bearing I.A. No. 2266 of 1990, which I am going to deal with, is an application under Order XXXIX Rule 4 of the Code of Civil Procedure for vacating the order of injunction granted by this Court (A. B. Saharya, J.) on 10-1-1990. whereby this Court had restrained the defendants, their servants, agents, stockists) dealers and all other persons on their behalf from using the trade mark AEVIS in respect of shoes or any other trade mark which is deceptively similar to the registered trade mark AVIS of the plaintiffs till the next. date.