AVIVA FIBER Vs. AVIVA FIBERTECH PVT. LTD.

JUDGEMENT

(1.) By this order, I shall dispose of the present application filed by the plaintiffs seeking stay and temporary injunction against defendants No.1 to 3 under section 151 read with Order XXXIX, Rules 1 & 2 of CPC. The plaintiffs have filed the present suit for permanent injunction and recovery of damages.

(2.) Brief facts of the case are that plaintiff No.1 is a partnership firm and plaintiffs No.2 to 4 are its partners engaged in the business of manufacturing and trading in fiber sheets and other fiber items under the brand name and logo AVIVA .

(3.) Plaintiff No.1?s trade mark application for registration was pending in the Trade Mark Registry, vide No.1603801 in Class 17 goods with effect from 20.09.2007.