MEDICURE HYGIENE Vs. MEDICARE HYGIENE PRIVATE LIMITED

JUDGEMENT

(1.) Although this Appeal From Order is listed on the board for admission, with the consent of the learned counsel appearing for both the parties, it has been taken up for final hearing today. This Appeal From Order under Order XLIII Rule 1. of Code of Civil Procedure has been filed by the appellants original defendant Nos. 1 and 2 challenging the order dated 26-6-2012 passed below applications Exs. 6 and 7 in Regular Civil Suit No. 266 of 2012 by the learned Judge, City Civil Court No. 15, Ahmedabad, whereby Notice of Motion was allowed and appellants were restrained from using the word "Medicure" in the trade mark and the words "Surgical Dressing" in internet domain till the final disposal of the suit.

(2.) The short facts are that a suit being Regular Civil Suit No. 266 of 2012 was filed by the present respondent No. 1-original plaintiff seeking perpetual injunction restraining infringement of copyright and passing off as also for rendition of accounts/damages together with Notice of Motion Ex. 6 and application for temporary injunction Ex. 7.

(3.) During the pendency of the aforesaid suit, a purshis at Ex. 45 was filed by the plaintiff abandoning the relief of infringement of copy right from the plaint as well as from Notice of Motion and prayer of the suit was limited to the relief of passing off and rendition of accounts/damages. The trial court vide order dated 27-3-2012 passed below Ex. 1 permitted the plaintiff to abandon the relief of infringement and continue the suit with relief of passing off and for rendition of accounts together with the interim relief of passing off.