CHRISTIAN DIOR COUTURE Vs. AJAY HARYANI

JUDGEMENT

(1.) Mr. Manmohan Singh accepts notice. Let reply be filed within two weeks. Rejoinder, if any, before the next date of hearing. List on 31st October, 2003 IA Nos. 8635/2003 in S. No. 1379/2003 By way of this application the applicant seeks to implead M/s Fast Forward Apparels Designers Pvt. Ltd. and Deep Apparels as defendants 4 and 5 in the array of parties.

(2.) This Court granted ad-interim injunction restraining the defendants from using the trademark "CHRISTIAN DIOR" in respect of apparels and other readymade garments and Local Commissioner was appointed to visit the premises of the defendants and to make inventories of the infringing goods and seizing the same. On inspection of the premises of defendants 1 to 3 large quantities of the infringing goods were recovered. The defendants disclosed the source of purchase of the infringing goods. One FAFAD are stated to he carrying on the business of selling pirated goods.

(3.) The applicant states that it made further investigations and it was discovered that the full name of FAFAD was M/s. Fast and Forward Apparels Designers Pvt. Ltd. It further discovered that business is also being carried on by Deep Apparels by selling infringing goods under the name and "CHRISTIAN DIOR". It is stated that the proposed defendants 4 & 5 are doing business in connivance with each other and thus all the parties are guilty of infringement of the plaintiffs trademark. The 'applicant prays that the aforesaid parties be added as defendants 4 and 5 in the suit. Heard Having regard to the facts as disclosed in the application the proposed defendants 4 and 5 are necessary and proper parties to the suit. For the reasons stated in the application the same is allowed. M/s. Fast and Forward Apparels Designers Pvt. Ltd. and M/s. Deep Apparels are added as defendants 4 and 5 in the present suit. Amended memo of parties be filed within a week. IA No. 8636/2003 By way of this application the applicant prays that the interim order passed on 14th July, 2003 he extended to the newly added defendants 4 and 5. By a separate order in the application under Order 1 Rule 10 CPC M/s. Fast and Forward Apparels Designers Pvt. Ltd. and Deep Apparels were added as defendants 4 and 5 in the present suit. Heard. For the reasons stated in the application the same is allowed.