MARICO LIMITED Vs. PRATIK GOYAL

JUDGEMENT

(1.) By this order I propose to decide the pending applications bearing I.A. No.13880/2012 (under Order 39 Rules 1 & 2 CPC), I.A. No.18643/2012 (under Order 39 Rule 4 CPC) and I.A. No. 22186/2012 (under Order 39 Rule 2A CPC).

(2.) The plaintiff has filed the present suit seeking a permanent injunction against the defendants on their use of the trade mark PARALITE claiming the same to be infringing the mark PARACHUTE of the plaintiff, so as the colour-scheme, get up, lay-out and arrangement of features and similar logos used by the defendants as that of the plaintiff amounting to passing off their goods and infringement of copyright and design with regard to similar shape of part of the articles.

(3.) Alongwith the suit, plaintiff filed an application being I.A. No.13880/2012 under Order 39 Rules 1 & 2 CPC. The suit as well as the interim application were listed before Court on 1st August, 2012 when an ex-parte order was passed restraining the defendants from using the trademark, PARALITE or any other trademark deceptively similar to the plaintiff's trademark, PARACHUTE and PARACHUTE LITE in relation to edible coconut oil and also restraining defendants from using packaging that is deceptively similar to that of the plaintiff's packaging in respect of edible coconut oil sold under the trademark, PARACHUTE.