CATERPILLAR INC 100 NE Vs. JORANGE

JUDGEMENT

(1.) This appeal is filed by the plaintiff in C.S. No. 785 of 1996 aggrieved by the order dated 25-3-1997 passed by the learned single Judge in O.A. No. 639 of 1996 in the said suit. In this order, we will refer to the parties as they are described in the suit, for convenience.

(2.) The plaintiff has filed the said suit C.S. No. 785 of 1996 seeking mainly a decree for perpetual injunction restraining the defendants, their Proprietor/partners, their servants, agents, distributors, stockists, representatives or any of them from in any manner passing off or enabling others to pass off the defendants' Jeans, shirts and other articles of clothing as and for the plaintiff's Jeans, shirts and other articles of clothing by use of the trade mark CAT and CATERPILLAR or any mark similar thereto or in any other manner whatsoever.

(3.) In the said suit, O.A. No. 639 of 1996 was filed for grant of an ad interim/temporary order of injunction restraining the defendants in terms of the main relief sought in the plaint. Application No. 4430 of 1996 was filed by the plaintiff praying to appoint an Advocate Commisssioner to visit the premises of the respondents at No. 9, 1st Floor, A.R.K. Colony, Eldams Road, Teynampet, Madras-18, and at No. 31, K. Veni Complex, Second Floor, Commercial Street, Bangalore-1, and the premises of their sons, sons-in-law, daughters, daughters-in-law, wife, stockists, tranporters and dealers, seize and take into actual physical custody of all goods, jeans, shirts, articles of clothing, cartons, labels, prints, blocks, dyes, bags, plates, moulds, stickers and other material bearing plaintiff's trade mark CAT and CATERPILLAR as well as books of accounts, etc.