design and on the ground of passing off; (v) that interim
injunction was denied to the plaintiff in the suits on the ground of
infringement ... entitled to interim restraint
against the defendants, in these suits on the ground of passing off, though
has been denied interim injunction in the suits
JUSTICE RAJIV SAHAI ENDLAW
1. The application of the plaintiff for interim injunction in this suit for
permanent injunction restraining infringement of trade mark, passing ... granting
CS(COMM) No.850/2018 Page 5 of 18
the interim injunction; (iv) in para no.6 of Milmet Oftho Industries Vs.
Allergan
defendant has also been heard in
opposition to the ad interim injunction sought by the plaintiff.
6. The question for consideration is the same ... contended that
even in Percept D'Mark (India) Pvt. Ltd., interim injunction for the
remaining term of the contract was granted. Attention is also
application of the plaintiff in both the suits, for interim
injunction restraining encashment of Bank Guarantees (BGs) and the
CS(COMM) No.1246 ... dated 11th December, 2018 it was proposed that the
applications for interim injunction be decided on a demurrer qua
jurisdiction of the Civil Court, reserving
finds that the registration obtained by the defendant to
be invalid, interim injunction restraining use of the registered mark can
also be granted. The counsel ... thus made out a case for grant of ex parte ad interim injunction.
18. I may at this stage record that the certificate of registration
therein holding registration of a label mark VARDHMAN
PLAZA was refused interim injunction against those using VARDHMAN
CS(COMM) No.866/2016 Page ... Real Drinks Pvt. Ltd. 2014 (57) PTC
213 (Del), where interim injunction was granted to plaintiff
holding registration of Real Pineapple Juice Carton against
defendant
Indian Potash Ltd. vs Media Contents And Communication ... on 2 May, 2019
Equivalent citations: AIR
peril of the defendant and
the defendant cannot oppose the interim injunction sought by the plaintiff on
the ground of delay and latches; reliance ... defendant, suffering irreparable injury, is self evident.
42. Most importantly, interim injunction in the present case is deemed to
be necessary in public interest
Pioneer Trading
Corporation 2017 (72) PTC 253 (Del) where interim injunction was
granted with respect to tread marks on a tyre which were held ... were not so, in no passing
off case, would interim injunction be granted.
21. I have considered the rival contentions.
22. Admittedly, the validity
entitled to interim relief, being granted
interim relief.
5. The suit since then has been languishing and the application for
interim relief has not been ... have straightway enquired from the counsel for the defendant,
why the interim injunction restraining the defendant from use of the word
„TOASHA‟ should not follow
