NIKITASHA HOME APPLIANCES PVT. LTD. Vs. PRADEEP KAPAHI

JUDGEMENT

(1.) Impugned order of 13th November, 2014 decides three applications pertaining to the trademark 'Niki Tasha'. The first two applications related to modification of the order of 13th October, 2011 whereby appellant was permitted to use the said trademark for goods falling under Class 11 of the Trade Marks Act, 1999 whereas respondent was permitted to sell the goods under Class 7 under the same trademark. It is common case of the parties that the need to seek revocation of the order of 13th October, 2011 arose because the trademark for the above said two classes held by the parties was cancelled by the Intellectual Property Appellate Board vide order of 28th May, 2014. It is not in dispute that the afore-referred two applications were rightly decided by trial court vide impugned order. However, the third application for interim injunction filed by respondent herein stands allowed vide impugned order by observing as under: -

(2.) The challenge to the impugned order qua the grant of interim injunction pertains to mark 'Niki Tasha' in favour of respondent-plaintiff is on the ground that the application for interim injunction filed in September, 2014 was not maintainable as in the first round of litigation, respondent herein was permitted vide order of 30th November, 2011 to seek variation/modification of trial court's order of 13th October, 2014 in the event of respondent obtaining necessary certificate under the Trademark Act qua the trademark 'Niki Tasha' for class 11 from Registrar, Trademark. It is matter of record that respondent had obtained the registration for the trademark 'Niki Tasha' in January, 2012, but the said registration was withdrawn on 28th May, 2014 on the appeal filed by appellant herein.

(3.) Impugned order notes that appellant herein had sought vacation of order of the 13th October, 2011 due to changed circumstances and so, fresh application for vacation of interim injunction has been heard afresh.