ITC LIMITED Vs. NESTLE INDIA LIMITED

JUDGEMENT

(1.) ORIGINAL Application praying that this Hon'ble Court be pleased be grant an order of ad interim temporary injunction restraining the respondent, by themselves, their Directors, principal officers, successors in business, assigns, servants, agents, distributors, retailers, stockiest, advertisers or any one claiming through them from in any manner passing off or enabling others to pass off their products i.e. Noodles as and for the Plaintiff's noodles by use of the offending made MAGICAL MASALA or any mark similar to plaintiff's mark MAGIC MASALA or in any other manner whatsoever, pending disposal of the suit.

(2.) THE applicant/plaintiff filed the present original Application No. 244 of 2013, seeking for temporary injunction, restraining the despondent/defendant by themselves, their Directors, principal officers, successors -in -business, assigns, servants, agents, distributors, retailers, stockiests, advertisers or any one claiming through them from in any manner, passing off or enabling others to pass off their products, i.e., noodles as and for the plaintiff's noodles by use of the offending mark "Magical Masala" or any mark similar to plaintiff's mark "Magic Masala." The case of the applicant/plaintiff, as seen from the affidavit filed in support of O.A. No. 244 of 2013 is as follows: -

(3.) THE respondent/defendant filed a counter affidavit, denying all allegations made in O.A. No. 244 of 2013, by making following averments: - -