MAJA HEALTH CARE DIVISION Vs. TRANCE INTERNATIONAL

JUDGEMENT

(1.) I. A. 907/2013

(2.) Summons in the suit and notice in I.A.907/2013 filed under Order XXXIX Rules 1 and 2 CPC were directed to be issued on 21.1.2013. While issuing summons in the suit on 21.1.2013, the Court passed a partial ex parte ad interim injunction order restraining the defendants from selling perfumes, deodorants, cosmetics, etc. under the mark "Velvet COBRA". It may be noticed that on 21.1.2013 counsel for the plaintiff had made a statement that he was not pressing for any ex parte relief in respect of defendants' mark "Diamond COBRA" as at that stage representation for cancellation of the registration of the said trade mark in favour of the defendants was pending.

(3.) Learned counsel for the plaintiff submits that as of today the representation of the plaintiff stands accepted and the registration of the defendants with respect to the trade mark "Diamond Cobra" stands cancelled vide Order dated 18.12.2013 and, thus, he not only seeks confirmation of the injunction Order dated 21.1.2013 but also prays that the order dated 21.1.2013 be extended to the trade mark "Diamond Cobra" as a whole or any other similarly deceptive mark being used by the defendants.