LANDBASE INDIA LTD Vs. PRADEEP JAIN

JUDGEMENT

(1.) The plaintiff has instituted this suit to restrain the defendants, Pradeep Jain and Silver Glades Holdings Pvt. Ltd. from using the mark "LABURNUM", "THE LABURNUM", "LABURNUM 2" or the device or any other mark or device containing the word "LABURNUM" and for ancillary reliefs.

(2.) The suit came up first before this Court on 3rd September, 2013 when the same was entertained and vide ex parte order dated 3rd September, 2013, the defendants restrained from using the trade mark "LABURNUM" or any other confusing or deceptively similar mark in respect of their proposed residential project. The said ex parte order continues till date and the application for interim relief has not been disposed of as yet.

(3.) On the pleadings of the parties, the following issues were framed in the suit on 18th November, 2016: