BLUE BELL HOSIERIES Vs. PADMA HOSIERIES

JUDGEMENT

(1.) THOUGH M.P.s have been listed before this Court today, by consent the Civil Miscellaneous Appeal itself is taken up for final disposal. The Civil Miscellaneous Appeal is filed as against the order dated 17.09.2011 passed in LA. No. 1225 of 2010 in O.S. No. 604 of 2010 on the file of I Additional District Court, Coimbatore. The suit in O.S. No. 604 o 2010 was filed for the following reliefs:

(2.) PENDING the suit, I.A. No. 1225 of 2010 was filed seeking the following reliefs:

(3.) UPON consideration of documents filed by the Plaintiff and 1st Defendant and the rival contentions, learned Single Judge held that Plaintiff having obtained registration of the trade mark "Luxura" in respect of the goods falling under Class 12 by virtue of Section 28(1) of Trade Marks Act, Plaintiff has exclusive right to use the trade mark in relation to those goods. Pointing out the dubious conduct of Blue Hill Logistics Private Limited and finding that Plaintiff has established prima facie case and that the balance of convenience is in favour of the Plaintiff the learned Single Judge granted temporary injunction in favour of Plaintiff on the following findings: