- (1.) I.A. No.24311/2015 (u/o VI R.17 CPC, by plaintiffs) 1. The plaintiffs filed the suit for permanent injunction restraining infringement of trademark JIVA, passing off, acts of unfair competition as well as for damages/rendition of accounts and delivery up.
(2.) By order dated 17th October, 2006, this Court passed the ex parte ad-interim injunction restraining the defendants from adopting and/or using the trademark JIVA or any other mark identical or deceptively similar to the trademark JIVA. The operative portion of the said order is as under:- ".......Accordingly, till the next date of hearing, the defendants, their agents, representatives, assigns, their hotels, resorts etc. are restrained from adopting and/or using the trademark 'JIVA' or any other identical or deceptively similar or confusing trademark and/or trademark 'JIVA' in relation to any of their goods and services from directly or indirectly adopting and/or using the same. The defendants are further restrained from manufacturing, producing or rendering or offering for sale and/or advertising, marketing any goods or services under the trade name and/or trademark 'JIVA'."
(3.) The said order was challenged by the defendants before the Division Bench of this Court by filing of an appeal being FAO(OS) No.44/2007. After hearing, by order dated 30th May, 2008, the Division Bench modified the ex parte injunction granted by the learned Single Judge and also directed the defendants to maintain true and correct accounts of its income and expenditure relating to the spas and file the same in this Court every six months. The operative portion of the said order is as under:- "46. In the result, we allow this appeal in part and to the following extent:- a. Order dated 17th October, 2006 passed by the learned Single Judge to the extent the same restrains the appellant from using the trademark 'JIVA' for its spas run in the hotels established by it shall stand vacated, subject to the appellant filing an undertaking to the effect that (i) it shall maintain true and correct accounts of its income and expenditure relating to the business of the said spas and file the same in this court every six months; and (ii) that it shall not start any spa independent of a hotel owned/leased or mortgaged by it under the trademark 'JIVA'. b. The impugned order to the extent it restrains the appellant from selling/using or offering for sale/use any ayurvedic product under the trademark 'JIVA' shall stand confirmed and made absolute pending final disposal of the suit. The appeal shall to that extent stand dismissed.";