JOLEN INC Vs. JOLEN INTERNATIONAL LIMITED

JUDGEMENT

(1.) AGGRIEVED by the common order dated 08. 02. 2005, vacating the interim injunction granted earlier, applicant therein filed the above appeals.

(2.) FOR convenience, we shall refer the parties as arrayed before the learned single Judge.

(3.) AS rightly pointed out, though the petitioner alleges that use of the trademark JOLEN International Ltd. by the respondents would cause confusion, the fact remains that the petitioner did not raise such a ground when it filed the previous suit in 2000 and in such a circumstance, the argument of the respondents that by its own act of omission and commission, the petitioner/plaintiff is barred by law from claiming interim order at its own convenience and that too, as a matter of right cannot be brushed aside.