MOROCCANOIL ISRAEL LIMITED Vs. MODICARE LIMITED

JUDGEMENT

(1.) By I.A. 1471/2019, the Plaintiffs seek an interim order for injunction restraining the defendant, its partners or proprietor, officers, servants, agents, distributors, wholesalers, dealers, retailers or any other person acting for and on its behalf from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in any manner with regard to products and services bearing the trademark/logo "MOROCCANOIL" by itself or with words or variant or any other trademark/trade name/domain name which is deceptively similar to the Plaintiff's registered trademarks or in any other manner whatsoever as is likely to lead to infringement of registered trademarks thereof or doing any other act as is likely to lead to infringement of registered trademarks of the Plaintiffs, trade dress, copyright. The plaintiffs also pray for direction to the defendant to file statement of account and assets on affidavit and restraining defendant from disposing off or dealing with their assets in a manner that may adversely affect the plaintiffs.

(2.) Summons in the suit were issued to the defendant vide order dtd. 1/2/2019. Interim injunction was granted in favour of the plaintiff and against the defendant vide order dtd. 25/4/2019 by this court.

(3.) By I.A.16720/2019, the defendant is seeking an order permitting it to proceed with the rectification proceedings filed by it against the plaintiffs' registration no. 1649179 bearing ORA/105/2019/TM, 1657120 bearing ORA/106/2019/TM, 3173249 bearing ORA/107/2019/TM, 3171839 bearing ORA/108/2019/TM and 2199407 ORA/109/2017/TM pending before the IPAB, and also seeks stay on trial of the suit till the disposal of the rectification petition.