B KISHORE JAIN Vs. NAVARATNA KHAZANA JEWELLERS

JUDGEMENT

(1.) THE applicant in all these applications has come up with the suit C. S. No. 797 of 2006 praying for various types of decree of perma?nent injunction restraining the respondent from infringing the registered trade mark and name "khazana" and also from infringing the copyright of the plaintiff over the artistic man?ner in which the trade name "khazana" has been written in a particular style. In addition to the prayer for the grant of various types of per?manent injunction, the applicant has also sought for a preliminary decree for rendition of accounts of the profits made by the respon?dent and also for damages.

(2.) PENDING suit, the applicant has come up with the present applications. Application No. 4341 of 2006 is for the grant of leave to the ap?plicant to combine different causes of action such as infringement of trade mark, infringe?ment of copyright and passing off. The appli?cant has filed the other three applications viz. , O. A. Nos. 836 to 838 of 2006 praying for the relief's of (a) temporary injunction restraining the respondent from infringing the applicant's registered trade mark; (b) temporary injunction restraining the respondent from infringing the applicant's copyright in the artistic work "khazana"; and (c) temporary injunction restraining the respondent from passing off their goods as those of the plaintiffs.

(3.) I have heard Mr. A. A. Mohan, learned counsel appearing for the applicant/plaintiff and Mr. P. S. Raman, learned Additional Ad?vocate General appearing for the respon?dent/defendant.