JIVA INSTITUTE OF VEDIC SCIENCE Vs. PUNEET CHHATWAL

JUDGEMENT

(1.) Present contempt petition has been filed with the following prayers:-

(2.) Factual exposition, as set out by the Petitioners/Plaintiffs is that vide order dtd. 17/10/2006, this Court had granted an ex parte ad interim injunction against Respondent No.6 herein (Defendant No.1 in the suit) and its Managing Director (Defendant No.2 in the suit), restraining them from adopting and/or using the trademark 'JIVA' or any other identical or deceptively similar or confusing mark, in relation to their goods and services and from manufacturing, advertising and marketing, etc. any goods or services under the said trademark. In an appeal against the said order, the Division Bench of this Court, vide order dtd. 30/5/2008 partly allowed the appeal, whereby the order dtd. 17/10/2006, restraining the Appellants therein from using the trademark 'JIVA' for their Spas run in the hotels established by them, was vacated, subject to certain conditions, while the order to the extent it restrained the Appellants from selling, using or offering for sale/use any ayurvedic product under the trademark 'JIVA', was confirmed.

(3.) In 2014, it is averred, that when it came to the knowledge of the Petitioners that the orders were being violated by Respondent No.6, a contempt petition being CCP(O) No.126/2014 was filed, wherein, after hearing the parties extensively, the Court had taken on record the statement and assurance on behalf of the Respondents therein including Respondent No.6 that they would not use the mark 'JIVA' in relation to disputed goods or for any cosmetic, soaps, ayurvedic, non ayurvedic, or any other allied and cognate goods, except in respect of 'JIVA' for Spa and in relation to pillow, towels, handkerchiefs and other articles related to the Spas.