SIDDHI MARGARINE SPECIALTIES LTD. Vs. ZYDUS WELLNESS LTD.

JUDGEMENT

(1.) The appeal has been heard by way of video conferencing.

(2.) Present appeal has been filed by the appellants challenging the ex- parte injunction orders dtd. 20/1/2022 and 27th

(3.) Learned senior counsel for the Appellants state that the necessity for filing the present appeal has arisen on account of the fact that by virtue of the two impugned ex parte ad-interim injunction orders, passed in the ongoing suit of copyright infringement and passing off, the Appellants herein have been restrained from using their registered trademark NUTDELIGHT, which has been registered since the year 2006 and has been extensively and uninterruptedly being used by them for the last fifteen years. Additionally, they state that the Appellants have also been restrained from selling their products NUTDELIGHT under the present trade dress, which was adopted nearly a decade ago. January, 2022 passed by learned Single Judge in IA No.1086/2022 and IA No.1422/2022. Appellants also seek a direction to pass an ad interim stay order on the operation of the aforesaid impugned orders during the pendency of the present appeal.