MANOHAR SINGH Vs. VIMAL SEHNAAZ (INDIA)

JUDGEMENT

(1.) O.A.Nos.359 to 362 of 2020 have been filed by the plaintiff in the suit seeking an order of interim injunction restraining the respondents / defendants from passing off their products by using the mark 'BANSURI' or any other mark deceptively or phonetically or visually similar to the plaintiff's mark 'BANSURI' pending disposal of the said suit and for an order of interim injunction restraining the respondents / defendants from infringing the copyright of the plaintiff with respect to the artistic work 'BANSURI' and for an interim injunction restraining the respondents / defendants from offering for sale and distribute Mehandi cone or any other cosmetic products using the mark 'BANSURI' and for an interim injunction restraining the respondents / defendants from infringing the registered trademark of the plaintiff 'BANSURI'.

(2.) These applications came up for consideration on 02.09.2020 and holding that a prima facie case had been made out by the plaintiff and that the balance of convenience was also in favour of the plaintiff, an order of ex-parte interim injunction as prayed was granted in O.A.No.359, 360 and 362 of 2020. The said orders of injunction are still in force.

(3.) It is also to be mentioned that pending the proceeding, the plaintiff had entered into a Memo of Compromise with the 4 th , 11th , and 15th defendants. The Memos of Compromise have also filed into the Court and the Court had also passed a judgment dated 25.02.2021 recording the Memo of Compromise as against the 4 th defendant and partly decreed the suit with respect to reliefs A, B, C and D relating to grant of injunction as stated above and dismissed the suit as against the 4 th defendant with respect to reliefs.