- (1.) Since the common question of law and fact is involved in both the appeals, that in the first instance both the counsel advanced their arguments in the Miscellaneous Petitions, but on hearing both the counsel, they stated that those arguments may be treated as arguments in the main appeals and at request of both the counsel, the Civil Miscellaneous Appeals are disposed of by way of this common judgment.
(2.) C.M.A. No. 757 of 2010 is directed against the order, dated 19-08-2010, in I.A. No. 3445 of 2009 in O.S. No. 567 of 2009, on the file of the XIV Additional Chief Judge, (F.T.C.), City Civil Court, Hyderabad, where under and whereby the application filed under Order XXXIX Rules 1 and 2 r/w Section 151 Code of Civil Procedure to grant interim injunction restraining the Respondents-Defendants, their directors, servants and agents from infringing the Petitioner-Plaintiffs registered trademark 'Yashoda' bearing registration Nos. 1332531 and 1390868 both in class 42 by using the trademark Yashoda Medicare' or any other trade mark deceptively similar thereto or any other trademark containing or comprising of the word 'Yashoda' or word deceptively similar thereto in relation to medical, hygienic, health and beauty care series including pharmacy services and advice, hospitals and nursing homes, physical therapy and physiotherapy, scientific and medical research and similar services, was dismissed.
(3.) C.M.A. 758 of 2010 is directed against the order, dated 19-08-2010, in I.A. No. 3444 of 2009 in O.S. No. 567 of 2009, on the file of the XIV Additional Chief Judge, (F.T.C.), City Civil Court, Hyderabad, where under and whereby the application filed under Order XXXIX Rules 1 and 2 r/w Section 151 Code of Civil Procedure to grant interim injunction restraining the Respondents-Defendants, its directors, servants and agents from infringing the Petitioner-Plaintiffs registered trademark 'Yashoda' bearing registration Nos. 1332531 and 1390868 both in class 42 by using the corporate name and/or trade name and style 'Yashoda' Medicare & Research Centre (P) Ltd.," or any other name containing the word 'Yashoda' or containing any other word deceptively similar to the word 'Yashoda' upon and in relation to medical, health and beauty care series including pharmacy services and advice, hospitals and nursing homes, physical therapy and physiotherapy, scientific and medical research and similar services, was dismissed.;