AVRIVA SOLUTIONS Vs. AVRIVA SKINTECH PRIVATE LIMITED

JUDGEMENT

(1.) In the 6th line from the top at page no. 3 of the judgment and order dtd. 3/7/2025, the words "defendant no. 1 company " be corrected and replaced with the words "defendant no. 1 Firm ". At the same page, in the 12th line, the "defendant no. 1 " be corrected and replaced with "defendant no. 4 ". In the 1st line of the paragraph no. 11 at page no. 6, "Order XXXI " be corrected and replaced as "Order XXIX ". In the 7th line from bottom in paragraph no. 17 at page no. 9 of the judgment, the word "copyright " be corrected and replaced with the word "trademark ".

(2.) By the order dtd. 19/4/2025, the Trial Court has rejected the application seeking rejection of plaint under Order VII Rule 11 in Commercial Trademark Civil Suit No.03 of 2025. The order dtd. 31/5/2025 is for grant of injunction against the defendants / petitioners herein allowing the application Exhibits '8 ' and '9 '. In trademark suit where infringement and passing off has been pleaded.

(3.) As per the plaint averments, the defendant No.1 is a partnership firm comprising of two partners namely the defendant Nos. 2 and 3. Defendant No.3 was an ex-employee of the plaintiff company namely AVRIVA SkinTech Pvt. Ltd. Defendant No.4 is the Director of the plaintiff company namely Avriva SkinTech. Defendant No.2, one of the partners of the defendant No.1 partnership firm, is husband of the defendant No.4, the Director of plaintiff company.