RAJ RANI AGGARWAL TRADING Vs. PARUL HOMOEO LABORATORY

JUDGEMENT

(1.) BY this order, I shall dispose of the following applications filed by the parties:

(2.) IN view of the fact that the defendant No.1 has already filed the documents, as prayed, the application, being IA No.9518/2009, is allowed. The plaintiff has filed the suit under Sections 134 & 135 read with Section 27(2) of the Trade Marks Act, 1999 as well as under Section 51 of the Copyright Act, 1957 for permanent injunction restraining passing off, infringement of copyright, rendition of accounts, damages and delivery up against the defendants, namely, M/s Parul Homoeo Laboratory and M/s New Delhi Homoeo Pharmacy.

(3.) THE plaintiff has stated that cause of action of this case arose on 17.12.2008 when the IPAB stayed the registration of the impugned trade mark of the defendants. It further arose in the first week of January, 2009 when the plaintiff for the first time laid hands on the goods of the defendants and it continued from day to day till the filing of the present suit.