RESEARCH IN MOTION LIMITED Vs. DATA INFOSYS LIMITED

JUDGEMENT

(1.) Plaintiff has filed the present suit for injunction against infringement of copyright, infringement of trade mark, passing off, breach of contract, delivery up, damages and rendition of accounts. Along with the plaint, plaintiff has filed I.A.2476/2011 under Order XXXIX Rules 1 and 2 CPC for grant of ex parte ad interim injunction. While issuing summons in the suit and notice in the application on 18.2.2011, this Court had passed an interim order, by which the only defendant, M/s Data Infosys Limited, was restrained from using, copying, reproducing and/or distributing any software application developed by using the SDK or BES software of the plaintiff till the next date of hearing. Defendant was also restrained from using the mark "Berry' as a part of its trademark or trade name or any other name similar to the plaintiffRs. s trademark BlackBerry till the next date of hearing. Relevant portion of the order dated 18.2.2011 reads as under:

(2.) In the application filed under Order XXVI Rule 9 CPC, on the same day, this Court while appointing two Local Commissioners to visit the premises of defendant at (i) Registered office Inside Jaipur Glass Factory, Tonk Road, Jaipur - 302018, Rajasthan; and (ii) Head Office at Station Road, Durgapura, Jaipur - 302018, Rajasthan, had issued following directions to the Local Commissioners:

(3.) Mr. Sanjay Jain, learned senior counsel for the plaintiff, submits that necessity for filing I.A. No. 6114/2011 under Order I Rule 10(2) and Order VI Rule 17 CPC for impleading Bharat Berry Technologies Private Limited as defendant no. 2, Mr. Ajay Data as defendant no.3 and Mr. Nitin Walia as defendant no.4, and I.A.NO.6112/2011, under Section 94(E) and Order XXXIX Rules 1 and 2 CPC praying that interim order granted by this Court on 18.2.2011 be extended against defendantRs. s no.1 Directors, namely, Mr. Ajay Data, and Mr. Nitin Walia, and its sister concern/affiliate company Bharat Berry Technologies Private Limited, has arisen on account of the fact that defendants no.2-4 are closely connected with defendant no.1, Data Infosys Limited, against which the interim order dated 18.2.2011 was passed. Defendants no.2-4 initially were not made parties to the suit and taking advantage of this fact defendants no.2-4 are not only flouting and disobeying the order passed by this Court on 18.2.2011 but they have also filed a suit under Section 142 of the Trademarks Act against the plaintiff herein to gain unfair advantage and to over reach the order of this Court.