LT FOODS LIMITED Vs. SARASWATI TRADING COMPANY

JUDGEMENT

(1.) The plaintiff LT Foods Limited instituted the present suit against the defendant Saraswati Trading Company alleging infringement, by the defendant, of trademarks in which the plaintiff held registration, more particularly in respect of the Marks "DAWAT/DAAWAT". The plaintiff also claimed copyright in the pictorial form of the said mark. Accordingly, the plaintiff sought a decree of injunction against the defendant from using the impugned marks or manufacturing or clearing its product in packing, the trade dress of which was similar to that of the plaintiff.

(2.) Along with the plaint, the plaintiff filed I.A. 11320/2021 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking interim reliefs.

(3.) On 7/9/2021, a co-ordinate Bench of this Court issued summons in the suit. Holding that the plaintiff had made out a prima facie case of infringement and passing off, the Court also granted ex prate ad interim injunction in favour of the plaintiff and against the defendant.