PT DJARUM Vs. CHANDER SHEIKHAR MARWAH

JUDGEMENT

(1.) By this order this Court proposes to dispose of IA No. 7561 of 2012 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure 1908 ('CPC') filed by the Plaintiff and I.A. No.12401 of 2012 under Order XXXIX Rule 4 CPC filed by the Defendant Nos. 1 to 3.

(2.) The background facts have been set out in paras 6 to 8 of the order dated 25th April 2012 passed by the Court which reads as under:

(3.) By the said order dated 25th April 2012, the Court restrained the Defendants, their servants, agents, employees, stockists, dealers, partners from (i) reproducing, printing or publishing any label or packaging, including cartons and boxes, which are a colourable imitation or substantive reproduction of the Plaintiff's trade mark DJARUM BLACK, which would amount to an infringement of copyright, (ii) selling, exporting, advertising, in any manner whether directly or indirectly using the impugned mark BLACK EYE or any other mark comprising of the word BLACK. By the same order dated 25th April 2012, this Court appointed Local Commissioners ('LCs') to visit the premises of the Defendant Nos. 2 and 3, located in Punjab, and of the Defendant No. 4, located in New Delhi.