Indian Kanoon - Search engine for Indian Law

6. By this application, the plaintiff prays for the following reliefs:

"Pass an ad interim ex-parte order of injunction restraining the Defendants, their C&F Agents, dealers, distributors, retailers, representatives' agents, assignees or anyone acting on their behalf in any manner from manufacturing, selling (including online platforms) using the impugned mark/logo/ device CHAMPS, AIR CAPTURE/ DUAL AIR CELL/ ULTIMAFIT/ and/ or any other nearly identical/ deceptively similar mark/ logo/ device/ artistic style in any manner (including on online platforms) so as to infringe the rights of the Plaintiff in its registered trademarks/ logos/ device/ artistic works CAMPUS/ Active Cell/ , Springy Fit/ , Air Capsule/ , and their variants thereof, especially with respect to footwear or in any other form whatsoever including the packaging, printed literature, brochures, advertisement. sign board etc., so as to result in infringement of Plaintiff's statutory rights;

b) Pass an ad interim ex-parte decree of injunction restraining the Defendants their C&F Agents, dealers, distributors, retailers, representatives', agents, assignees or anyone acting on their behalf in manner from manufacturing, selling (including online platforms) using the impugned mark/ logo/ device CHAMPS, AIR CAPTURE/ DUAL AIR CELL/ ULTIMAFIT/ and/ or any other nearly identical/ deceptively similar mark/ logo/ device/ artistic style in any manner (including on online platforms) so as to infringe the rights of the Plaintiff in its registered trademarks/ logos/ device/ artistic works CAMPUS/ and their variants thereof, especially with respect to footwear or in any other form whatsoever including the packaging, printed literature, brochures, advertisement. sign board etc., so as to result in passing off, acts of unfair competition, dilution of the rights of the Plaintiffs;

"a. Pass an ad interim ex-parte decree of injunction restraining Defendant no. 1-3, their C&F Agents, dealers, distributors, retailers, representatives, agents, assignees or anyone acting on their behalf in any manner from manufacturing, selling (including online platforms) using the impugned mark/ logo/ device / trademarks CHAMPS, AIR CAPTURE/ DUAL AIR CELL/ ULTIMAFIT/ and/ or any other nearly identical/ deceptively similar trademarks/ logo/ device/ artistic style in any manner (including on online platforms) so as to infringe the rights of the Plaintiff in its registered trademarks/ logos/ device/ artistic works CAMPUS/ Springy Fit/ , Air Capsule/ and their variants thereof, especially with respect to footwear as given in Para 23 of the I.A. no. 7943/2022 or in any other form whatsoever including the packaging, printed literature, brochures, advertisement. sign board etc., so as to result in infringement of Plaintiff's statutory rights;

b. Pass an ad interim ex-parte decree of injunction restraining the Defendant no. 1-3 their C&F Agents, dealers, distributors, retailers, representatives, agents, assignees or anyone acting on their behalf in any manner from manufacturing, selling (including online platforms) using the impugned design bearing no. 317363-001, 337557- 003 and 331302-001 in any manner including the footwear as mentioned in Paras 26 and 29 of I.A. No. 7943/2022 or any other footwear which are either identical or deceptively similar to the Plaintiff's series of footwear or any other footwear which are colourable imitation or substantial reproduction of the Plaintiff's get-up, layout, trade dress, pattern, shape, design, configuration and packaging in its footwear so as to result in passing off, acts of unfair competition, dilution of the rights of the Plaintiff; c. Pass an ad interim ex-parte decree of injunction restraining the Defendant no. 1-3 their C&F Agents, dealers, distributors, retailers, representatives, agents, assignees or anyone acting on their behalf in any manner from manufacturing, selling (including online platforms) using the impugned marks CHAMPS, AIR CAPTURE/ DUAL AIR CELL/ ULTIMAFIT/ BRAZIL-