(1.) The plaintiff has filed this suit for permanent injunction against passing off, infringement of copyright, unfair competition, misrepresentation, dilution, delivery-up, damages and rendition of accounts. The contest is primarily between the applicant and the respondent No. 2.
(2.) The suit is pending trial and along with the suit, the present application has been preferred by the plaintiff-applicant under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure claiming therein the following reliefs:-
(3.) The respondent No. 2, on the other hand, contested this application by filing reply wherein it raised preliminary objections regarding territorial jurisdiction of this Court to try and entertain the present suit as well as application, no cause of action (fresh cause of action not being there in favour of the applicant), concealment of material facts, maintainability of suit, constructive resjudicata etc. On merits, it has been claimed that when the defendants/respondents expanded its range of products in February, 2012, the plaintiff-applicant has already withdrawn and apologized to the defendants-respondents for having indulged in illegal acts of misleading the public and trade and that no cause of action survives for filing the present suit. It has denied that the packaging and the overall appearance is identical. In fact, it is claimed that the defendant No. 2 has complete rights in the word "GEMCAL" as it is the prior adopter and prior user of the same. It has further been denied that the acts of the defendants/respondents constitute passing off, unfair competition or infringement of copyright and that that the defendant's product packaging is a rip-off. There are no motives that can be attributed for the change in the packaging and the packaging of the tablets is not under question. The defendant claims that it is selling tablets under the mark GEMCAL also and the expansion of the range of products under the mark GEMCAL is a natural expansion. The defendant further claims that it has adopted its own mark and its own unique packaging for the same and the applicant cleverly concealed that the entire market uses the same colour combination, trade dress and colour.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
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