VST INDUSTRIES LIMITED Vs. RUDRA VENTURES PRIVATE LIMITED

JUDGEMENT

(1.) Aggrieved against the order dated 10/08/2021 passed by this Court, vide which ex parte ad interim injunction was granted in favour of plaintiff, the present application has been preferred on behalf of defendants seeking vacation thereof.

(2.) Pertinently, vide impugned interim order, defendants, its Directors, partners or proprietors, as the case may be, its officers, servants and agents are restrained from manufacturing, selling, offering for sale, supplying, advertising, directly or indirectly dealing in any business unauthorizedly using the plaintiff's trade mark TOTAL or the mark TOPAZ (written in the same font and style as that of the plaintiff) or any other mark deceptively similar to the mark of plaintiff and permutations / combinations thereof amounting to infringement of plaintiff's trade mark TOTAL and also to use the essential features of the plaintiff's packaging/ trade dress of its brand TOTAL amounting to infringement of the plaintiff's copyrights subsisting in the packaging/ trade dress of the plaintiff's trade mark TOTAL.

(3.) The defendants have challenged the said order on the ground that defendants No.2 and 3 had adopted the mark TOPAZ in the year 2011, who are said to be sister concern of defendant No.1, which was incorporated in the year 2009. Thereby, respondents claim to be prior user of the trade mark TOPAZ since the year 2011 as against the claim of plaintiff, who adopted the mark TOTAL in the year 2015. Defendant No.3 claims to be registered proprietor of mark TOPAZ since the year 2015, which is still subsisting.