RASAYANAM ENTERPRISES Vs. UPAKARMA AYURVEDA PVT. LTD.

JUDGEMENT

(1.) The present Appeal seeks to challenge an order of interim injunction passed by the learned Single Judge on 22/3/2024 in CS (COMM) 834/2023 titled as 'Upakarma Ayurveda Private Limited v. Rasayanum Enterprises' [hereinafter referred to as "the Impugned Order"].

(2.) The Respondent had filed a Civil Suit on 8/11/2023 before the learned Single Judge alleging infringement and passing off of its art work/get-up/label under the trade mark 'UPAKARMA AYURVEDA PURE SHILAJIT' <IMG>JUDGEMENT_147_LAWS(DLH)9_2024_1.jpg</IMG> bearing trademark registration no. 4422492 dtd. 14/8/2023, w.e.f. 28/1/2020 in Class 5 herbal medicines, supplements, cosmetics, etc. [hereinafter referred to as "registered mark"] and copyright in the art work, and other attendant reliefs, by the Appellant, using similar mark named 'RASAYANAM PURE SHILAJIT'/ <IMG>JUDGEMENT_147_LAWS(DLH)9_2024_2.jpg</IMG> [hereinafter referred to as "restricted mark"]. The Respondent had also prayed for ex- parte ad-interim injunction against the Appellant under Order XXXIX Rule 1 & 2 of the Code of Civil Procedure, 1908 [hereinafter referred to as "CPC"].

(3.) The learned Single Judge by an ex-parte order dtd. 21/11/2023 [hereinafter referred to as "21/11/2023 Order"] allowed the Application and restrained the Appellant/Defendant in the following manner: