AVTAR SINGH Vs. SAKSHI SRIVASTAVA

JUDGEMENT

(1.) IA 8293/2020 is filed by the plaintiffs seeking an injunction to restrain the defendants, their agents etc. from manufacturing or authorizing the manufacture, selling, offering for sale, marketing, retailing, supplying distributing, exhibiting, advertising, promoting, displaying etc. the impugned products and operating the impugned retail stores or any other product and retail store bearing the impugned marks WOODLEY image and NUWOODLEY as a trademark or as a trade name or part of the store name or retail or any other mark which is deceptively similar to the plaintiff 's trade name/mark WOODS, WOODS (stylised), WOODS

(2.) I may point out that when the matter came up for hearing on 18.09.2020, this court in IA No. 8293/2020 noting the averments in the plaint and the documents, concluded that the plaintiffs have made out a prima facie case and that the balance convenience lies in favour of the plaintiffs. An ex parte ad-interim injunction was passed in favour of the plaintiffs in terms of prayer A (i) and (ii) of the said application.

(3.) IA 9158/2020 is now filed by the defendants under Order 39 Rule 4 CPC for varying/setting aside the ad-interim ex parte injunction order dated 18.09.2020 passed by this court.