- (1.) THIS first miscellaneous appeal is at the instance of a plaintiff in a suit for declaration and permanent injunction and is directed against Order No. 2 dated 19th December, 2007 passed by the learned District Judge, Alipore, District - 24-Parganas (South), in Title Suit no. 2138 of 2007, thereby refusing the prayer for ad interim injunction after issuing a notice to show-cause why the prayer of the appellant for temporary injunction should not be granted.
(2.) BEING dissatisfied, the plaintiff has come up with the present first miscellaneous appeal.
(3.) THE appellant before us filed the aforesaid suit in the Court of the learned District Judge, 24-Parganas (South), thereby praying for the following relief: " (a) A decree of declaration that the plaintiff is exclusively entitled to use the said trademark "dhunseri" in respect of tea and/or allied products to the exclusion of others including the defendant; (b) A decree of declaration that the trademark "dhunseri" of the plaintiff has attained the status of "well-Known Trademark" within the meaning of section 2 (zg) of the Trade Marks Act, 1999; (c) A decree in preliminary form for accounts of all profits made by the defendant by way of manufacturing tea under the impugned trademark "dhansiri" as part of corporate name of the defendant and/or otherwise; (d) A decree of permanent injunction restraining the defendant, their servants, agents and assigns and each of them from in any way infringing or causing, enabling others to infringe the registered trademark "dhunseri" of the plaintiff by way of using the impugned trademark "dhansiri" or any trademark which so nearly resembles the same as to be calculated to deceive and induce the people to believe that the product of defendant originates from the plaintiff or is connected thereto by manufacturing and/or processing and/or cultivation and/or marketing tea and/or any other product and/or goods under the name "dhansiri" or any other any corporate name containing a word/trademark which is either identical with or deceptively similar to the plaintiffs trademark "dhunseri"; (e) A decree of permanent injunction restraining the defendants, their servants, agents and assigns and each of them from in any way passing off or causing, enabling others to pass off its tea and/or allied products as that of the plaintiff by way of using the impugned corporate name "dhansiri Plantations Private Limited" or any corporate name containing a word/trademark which is either identical with or deceptively similar to the trademark "dhunseri" of the plaintiff and/or by using the impugned trademark "dhansiri"; (f) A decree of permanent, injunction restraining the defendants, their servants, agents and assigns and each of them from in any way passing off or causing, enabling others to pass off its tea and/or allied products as that of the plaintiff by way of using the impugned trademark "dhansiri" or any Trademark which so nearly resembles the same as to be calculated to deceive and induce the people to believe that the product of defendant originates from the plaintiff or is connected with the plaintiff; (g) A decree of permanent injunction restraining the defendants, their servants, agents and assigns and each of them from in any way selling or offering for sale or marketing or distributing or advertising tea and/or allied products under the impugned corporate name "dhansiri Plantations private Limited" or any corporate name containing a word/trademark which is either identical with or deceptively similar to the trademark. "dhunseri" of the plaintiff and/or by using the impugned trademark "dhansiri"; (h) A decree of permanent injunction restraining the defendants, their servants, agents and assigns and each of them from in any way selling or offering for sale or marketing or advertising tea and/or allied products under the impugned trademark "dhansiri" or any other trademark either identical with or deceptively similar to the trademark "dhunseri" of the plaintiff; (i) A decree of Rs. 5,000/- as provisional damage, in the alternative a decree for an enquiry to ascertain the entire amount of loss and damage suffered by the plaintiff by virtue of defendant's manufacturing tea under the impugned trademark "dhansiri" as part of corporate name of the defendant and/or otherwise; (j) Receiver; (k) Injunction; (1) Attachment; (m) Costs. ";