HITKARI POTTERIES LTD Vs. HITKARI CERAMICS PRIVATE LIMITED

JUDGEMENT

(1.) The plaintiff has instituted this suit on 10th June, 2010, claiming, (a) the reliefs for permanent injunction, (i) restraining the defendants from using plaintiff's registered trade mark "HITKARI" as part of their trading style or domain name; (ii) restraining the defendant from using plaintiff's trade mark and passing off defendant's goods as that of the plaintiff or that having any association with the plaintiff company; (b) mandatory injunction directing the defendants to freeze the domain name i.e. and to transfer the same in the name of the plaintiffs; (c) mandatory injunction directing the defendant to deliver up all the printed material; and, (d) for rendition of account of profits made by the defendant's by using plaintiff's mark.

(2.) The case of the plaintiff in the plaint is:

(3.) Summons of the suit and notice of the application were issued vide order dated 20th August, 2010 and vide order dated 17th September, 2010 an ex parte ad interim order was passed restraining the defendant from using the said mark as a part of its corporate name.