UTTAM ENTERPRISES Vs. VIJAY KUMAR

JUDGEMENT

(1.) I.A. 12312/96 is an application of the plaintiff under Order 39 Rules I and 2 read with Section 151, CPC, for grant of interim injunction. This application was taken up on 13.12.96 when upon hearing learned Counsel for the applicant an ex parte injunction was granted, in terms of para 20 of this application restraining the defendants, their partners etc. from carrying on any business under the trade mark and trade name In-style inrespect of footwears of all kinds, belts, wearings, briefcases and handbags.

(2.) I.A. 40/97 has been moved by the defendants underorder 39 Rule 4 read with Section 151, CPC, with a request that ex parte ad interim order so granted may be vacated.

(3.) The undisputed facts are: that the plaintiff moved for registration of trade mark "In-style" in the year 1987. It was published in the Gazette and thereafter registration was granted to the plaintiff in the year 1990. The defendants, admittedly did not oppose the application of the plaintiff. The defendants, on the other hand, applied for registration of trade mark 'in-style' vide application dated 23.7.86. It was published on 16.9.91. In the application it was stated that the defendants proposed to use the trade mark In-style'. Against that application opposition was made by the plaintiff. The Registrar, Trade Marks, after hearing the parties ordered for grant of registration to the defendants vide order dated 14.11.94. Before registration certificate could be issued the plaintiff filed appeal in the High Court against the said order of the Registrar of Trade Marks and the High Court has stayed grant of registration to the defendants till disposal of the appeal.