LEVI STRAUSS & COMPANY Vs. ANKIT SHARMA ANR

JUDGEMENT

(1.) The appellant/plaintiff has impugned order dated 25.02.2016 whereby the Suit has been adjourned by the learned single judge to 12.07.2016 as there was no time left to hear the arguments and the interim order passed by the Division Bench has been directed to continue till further orders.

(2.) The contention of the appellant is that the division bench had disposed of the appeal (FAO (OS) 603/2015) directing the listing of the respondent/defendant's application under Order XXXIX Rule 4 of the Code of Civil Procedure (CPC for short) for hearing before the learned single judge on 19.11.2015 and directed that the interim order passed by the Division Bench would continue till 19.11.2015, on which date it was open to the learned single judge, after hearing parties, to pass appropriate orders. It is contended that the application was not taken up for hearing and the interim order passed by the Division Bench has been directed to continue till further orders.

(3.) The appellant/plaintiff has filed the suit for declaration, permanent injunction, restraining infringement of trademarks and passing off etc. The appellant/Plaintiff contends that the Plaintiff owns inter alia the Arcuate Stitching Design Trademark and the Tab Design Trademark, which are registered trademarks. The appellant/Plaintiff contends that the respondents/defendants have infringed their registered trademarks.