RSPL HEALTH PRIVATE LIMITED Vs. DEEP INDUSTRY

JUDGEMENT

(1.) The present suit for permanent injunction restraining infringement of copyright, passing off, rendition of accounts, delivery up etc. has been filed by the plaintiff against the defendant. Alongwith the suit, plaintiff also filed an application under Order 39 Rule 1 and 2 read with Section 151 CPC being I.A. 10669/2014.

(2.) Summons were issued in the suit and notice in the application to the defendant on 29th May, 2014. After hearing, detailed exparte order was passed against the defendants restraining them from manufacturing, marketing, supplying, using, selling, soliciting, exporting, displaying, advertising or by any other mode or manner dealing with the impugned artistic work/packaging/ label/trade dress/colour combination POSH Label or any other artistic work/packaging/label identical with or deceptively similar to the plaintiff's said label/packaging/colour combination/artistic work XPERT Label in relation to the impugned goods, viz., all kinds of dish-wash bars and liquids, soaps and cleaning material and other allied and cognate goods or from doing any other acts or deeds amounting to infringement of plaintiff's trademark XPERT and/or XPERT Label; passing off or otherwise violation by way of passing off the plaintiff's trademark, label, trade dress XPERT and/or XPERT LABEL and infringement of plaintiff's copyrights in the said XPERT artistic work/label or trade dress.

(3.) Upon service of interim order, defendant filed a written statement and an application bearing I.A. No 12699/2014 under Order 39 Rule 4 CPC for vacation of the interim order passed on 29th May, 2014. By this order, I propose to decide two pending applications i.e. I.A. 10669/2014 and I.A. No 12699/2014.