- (1.) This Letters Patent appeal is at the instance of a defendant in a suit for injunction based on the allegation of passing off and is directed against order dated 11th June, 2010 passed by a learned Single Judge of this Court by which the said learned judge disposed of an application filed by the appellant for variation of the ad interim order of injunction earlier granted and decided to continue such ad interim order till the disposal of the application for injunction on merit with the only modification that the appellant would be entitled to execute the export order dated May 2, 2010 but the sale proceeds thereof should be kept in a separate bank account.
(2.) Being dissatisfied, the defendant has come up with the present appeal.
(3.) The respondent before us filed a suit in the Original Side of this Court being C.S. No. 133 of 2010 thereby praying for the following relief: a) Decree of perpetual injunction restraining the defendants, their men, servants, agents and assigns or any other person acting on their behalf from passing off their goods i.e., electric fans by using the impugned Trademark "TOOFAN" or any other Mark which is identical with or deceptively similar both phonetically and/or structurally to your petitioner's Trade Mark "TOOFAN"; b) Decree of perpetual injunction restraining the defendants, their men, servants, agents and assigns or any other person acting on their behalf from manufacturing, selling or offering to sale or marketing goods or merchandise including electric fans using the impugned Mark "TOOFAN" or any other word either phonetically and/or structurally similar to the Trademark of the Plaintiff thereto in any manner whatsoever; c) Decree of mandatory injunction on directing the defendants to deliver up and destroy upon oath of all the materials and/or documents used by the defendants bearing the Trademark "TOOFAN" and/or any other Mark either phonetically or structurally and/or deceptively similar to the Trademark "TOOFAN" of the Plaintiff thereto including labels, bills, invoice, cash memo or any other article used for the application of the impugned Trade Mark in the possession and custody of the defendants and verification upon oath that the defendants have no such further article bearing such Mark in their possession or control; d) Injunction; e) Attachment; f) Receiver; g) Costs; h) Further or other relief;;