PIRUZ KHAMBATTA Vs. SOEX INDIA PVT. LTD.

JUDGEMENT

(1.) By this common order I propose to dispose of two pending applications filed by the parties i.e. application being I.A. No. 15532/2011 which has been filed by the plaintiffs under Order XXXIX Rules 1 & 2 Code of Civil Procedure, 1908 read with Section 151 of CPC and the defendants' application being I.A. No. 18390/2011 under Order XXXIX Rule 4 CPC for vacation of ex-parte interim order granted by the court on 26.09.2011.

(2.) The case of the plaintiffs is that plaintiff No.1 is the registered proprietors of the trade name/trademark RASNA and its variants in India in various classes under the provisions of The Trade marks Act,1999 (hereinafter referred to as the Act) the details of which are given in para 5 of the plaint. It is also stated that apart from over 100 registrations of the mark RASNA in India, the plaintiff No.1 is also holding the registration of the trade mark RASNA and its variants in many foreign countries as the plaintiffs have also been marketing and exporting goods under the said Trade Mark. The details of these trademarks have been provided in para 6 of the plaint.

(3.) The said trade mark RASNA is being used since 1972 in respect of soft-drink concentrates which is popular among all classes of consumers which has acquired unique goodwill and reputation. The Trade Mark RASNA is a rare word which was adopted honestly.