- (1.) The aforesaid application has been taken out on Notice of Motion for following interlocutory reliefs: (a) Injunction restraining the Respondents either by himself or through his employees, servants, agents and/or otherwise from infringing the trade marks "MORNING WALKER' and/or WALKER or any other trade mark containing the mark WALKER by using the trade mark HOME WALKER, being identical and/or deceptively similar with the Petitioner's said trade mark 'MORNING WALKER' and WALKER being Annexures- "C, "D", "E",;"F"(,"'G", "H", T and "J" in any manner whatsoever; (b) Injunction restraining the Respondents, either by himself or through their agents, servants and assigns from in any way selling and/or offering for sale, dealing distributing or marketing and/or advertising/publishing/ telecasting the impugned marks of the Respondents being HOME WALKER and/or WALKER which are deceptively similar to that of th e Petitioner's Trademark 'MORNING WALKER' and WALKER in any manner whatsoever; (c) Injunction restraining the Respondent, his servants, agents, assigns from infringing any label bearing the artistic work with the marks HOME WALKER and WALKER and/or any label which is deceptively similar to the Petitioner's label being Annexures- "C", "D", "E", "F", "G", "H", "I" and "J" in any manner whatsoever; (d) Injunction restraining the Respondents, their servants, agents and assigns from passing off the goods of the Respondent under the trademark "Walk 10000 Steps In 15 Minutes' as that of the Petitioner; (e) Injunction restraining the Respondents from infringing the copyright existing in the literary and artistic work of "Walk 10000 Steps In 15 Minutes'; (f) Injunction restraining the Respondents from infringing the copyright exiting on the literary and artistic work of the labels, pamphlets, brochures, booklets of the Petitioner being Annexure-"K" hereof; (g) Injunction restraining the Respondents, his servants, agents, assigns from passing off their goods under the Trade Mark WALKER and for -MORNING WALKER' and/or any label by using and/or publishing any label bearing the artistic work which is deceptively similar to the Petitioner's label being Annexures- "C", "D", "E". "F", "G", "H", "["and "J"; (h) Receiver be appointed to take forthwith possession of the dyes, equipments, boards, stocks, materials, documents and all other products and goods from the possession of the Respondents bearing the Trademark "HOME WALKER" and/or "WALKER" with any suffix and/or prefix and/or any other name phonetically and/or structurally deceptively similar to the pettioner said trademark "WALKER" and/or 'MORNING WALKER' the trade mark, artistic and literary work '"Walk 10000 Steps In 15 Minutes' in any manner whatsoever; (i) Ad interim orders in terms of prayers above; (j) Costs of and/or incidental to the said proceedings be borne by the Respondents; (k) Such further order and/or orders be passed and directions and/or direction be given as this Hon'ble Court may deem fit and proper.
(2.) It appears from the prayer of the plaint the decree for perpetual injunction in the same terms as it is made in the aforesaid interlocutory reliefs has been prayed for. In addition thereto the mandatory order of injunction has also been prayed for directing the Defendants, his agents, servants and men and/or assigns to dispose of all the products manufactured or produced by the Defendant bearing the same Trade Mark "Walker" and "Home Walker" or any artistic work which is deceptively similar to the original artistic work of the Plaintiff and upon such disclosure a direction for destruction of.ail replicas/formats in the possession and/or control of the Defendant and all documents and papers bearing the mark "Walker" and "Home Walker" with any mark deceptively similar thereto.
(3.) On 24th April, 2009 the learned Trial Judge Hon'ble Justice Patheria recording satisfaction of prima facie case, was pleased to pass order of injunction in terms of prayer (g) of the Notice of Motion as stated above. The said order of injunction was directed to continue till 6th of May, 2009 making the said application returnable on 4th May, 2009. On that day having found non-appearance of the Defendants, in spite of service, Justice Patheria extended the interim order till 21st May, 2009 and Mr. Sanjoy Chakroborty learned Advocate was appointed Receiver, to make inventory of the products of the Respondent and take possession of the pamphlets, brochure, levels and documents of the Respondent. It appears that Receiver went to carry out the said order, however, despite direction as above the Defendants did not hand over the documents to the Receiver and as such on 15th March, 2009 by an order Justice Patheria granted liberty to the Plaintiff to publish the order dated 24th May, 2009 by advertisement in the newspaper mentioning paragraph 34 of the petition. Then the matter came up for hearing on list of 28th July, 2009 the interim order granted earlier was allowed to continue till 30th of October, 2009. Thereafter, the matter came up for hearing before this Court and the interim order from time to time was extended and till the date of final hearing of this application.;