JIVA INSTITUTE OF VEDIC SCIENCE & CULTURE AND ORS. Vs. RAYMOND BICKSON, MANAGING DIRECTOR & CHIEF EXECUTIVE OFFICER AND ORS.

JUDGEMENT

(1.) By way of this order I propose to decide the abovementioned contempt petition filed by the petitioners/plaintiffs which is pending for the last more than 2 years.

(2.) The plaintiffs filed the present suit for seeking permanent and mandatory injunction restraining the defendants/respondents from infringing and passing off trademark 'JIVA', which suit is pending adjudication along with the plaint. The plaintiff had also filed an application under Order XXXIX Rule 1 and 2 CPC in the suit, seeking the following interim reliefs:

(3.) The single Judge vide an ex parte interim order dated 17th October, 2006 (passed in Interim Application being IA. No. 11610/2006 under Order 39 Rule 1 & 2 of CPC), restrained Indian Hotels Company Ltd. (defendant No. 1 in the main suit and respondent No. 7 in the Contempt Petition) from adopting and/or using the trademark 'JIVA' or any other identical or deceptively similar or confusing trademark and/or trademark 'JIVA' in relation to any of their goods and services from directly or indirectly adopting and/or using the same. The defendants were further restrained from manufacturing, producing or rendering or offering for sale and/or advertising, marketing any goods or services under the trade name and/or trademark 'JIVA'.