EURO Vs. EVEREADY INDUSTRIES INDIA LIMITED

JUDGEMENT

(1.) Euro Solo Energy Systems Limited have filed this Letters Patent Appeal challenging the order of the Learned Single Judge dated 22.5.2009 by which the Learned Single Judge has extended the earlier interim orders granted on May 4 and 6, 2009.

(2.) The appellant and the respondent are both manufacturers of dry-cell batteries. The appellant produces batteries under a trade name 'Eurocell' whereas the respondent sells its product under the trade name 'Eveready'. Both the appellant and the respondent have the aforesaid two names as their registered trade marks.

(3.) The respondent, Eveready Industries Limited, have filed a civil suit on May 4, 2009 being C.S No. 124 of 2009 alleging, inter alia, that the appellant is infringing the respondent's 'trade dress' and/or trade mark. In connection with the aforesaid suit, the respondent also filed an interlocutory application. By order dated May 4, 2009 an ex parte ad interim order in terms of prayer 'e' of the Notice of Motion was granted. By the aforesaid order the appellant has been restrained from selling dry cells, batteries and allied products in any label and/or packaging, bearing the respondent's 'trade dresses' or any of them as shown in annexures 'B', 'B1', 'F' and 'I'. The appellant came to know of the aforesaid order on May 6, 2009, although it was served on 8th May, 2009. A further order dated 6th May, 2009 was served on the appellant on 11th May, 2009. By order dated 6th May, 2009, the ad interim injunction was extended to annexures 'G' and 'H'. By order dated 4th May, 2009, the matter was made returnable on 14th May, 2009, and the interim order was to continue till 18th May, 2009. When the matter came up for hearing on 22nd May, 2009, a prayer was made by the respondent (plaintiff) for extension of the interim order and directions for filing affidavits. Learned counsel for the appellant prayed for vacating of the interim order.