ABHIPRA CAPITAL LTD. Vs. ABHIPRAY SECURITIES PRIVATE LITMITED

JUDGEMENT

(1.) By this order, I propose to decide two applications, being I.A. No.14405/2011 under order XXXIX Rules 1 and 2 of the Code of Civil Procedure filed by plaintiff and I.A. No.17059/2011 under order XXXIX Rule 4 of the Code of Civil Procedure filed by defendants for vacation of ex-parte ad-interim order granted on 12.09.2011 whereby the defendants were restrained from using the trade mark 'ABHIPRA' or any other deceptively similar trade mark including ABHIPRAY.

(2.) The brief facts are that the plaintiff, who is a company incorporated under the Companies Act, 1956, has filed the present suit for permanent injunction restraining the infringement, passing off, dilution, unfair trade competition and dilution of accounts. It is stated by the plaintiff that it is the registered owner of the Trade Mark 'ABHIPRA' under No.695449 as of 23.01.1996 and has been using that said trademark in his business since 1986. The plaintiff claims to be the prior user of the trade mark 'ABHIPRA'.

(3.) According to the plaintiff, that the defendants are also conducting business in the same field as that of the plaintiff and subsequently got a company incorporated in the similar name having same phonetic pronunciation. Thus, causing infringement of the trademark 'ABHIPRA' of the plaintiff causing irreparable loss to the plaintiff.