AIWA CO. LTD. Vs. AIVVA ENTERPRISES PRIVATE LIMITED

JUDGEMENT

(1.) By way of the present judgment, I propose to dispose of the application filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) and the application filed on behalf of the defendants under Order XXXIX Rule 4 of the CPC for vacation of the ex parte ad interim injunction granted by this Court.

(2.) The case set up by the plaintiff in the plaint is as follows:

(3.) Accordingly, the present suit has been filed seeking the relief of permanent injunction restraining the defendants from using the trademarks 'AIVVA' / / / / 'AIVVA ENTERPRISES PRIVATE LIMITED', and/or any other marks which may be identical or deceptively similar to that of the plaintiff, thereby infringing the trademarks of the plaintiff or constituting passing off by use of the trademarks or any part of the trade name, corporate name or domain name of the plaintiff and other ancillary reliefs.