Arun Bhansali, J. - (1.) This revision petition under section 115 CPC is directed against the order dated 7/7/2018 passed by the learned Addl. District Judge, No. 1, Udaipur Camp Mavli, whereby, the application filed by the petitioner under Order 7, Rule 11 CPC has been rejected.
(2.) The respondent-plaintiff filed a suit for permanent injunction against the petitioners with the averments that the plaintiff company was involved in manufacturing and distribution of various detergent products and cleaning preparations since 2006 and was inter alia manufacturing and distributing washing powder in the name of "Decide". It was claimed that the said product has attained popularity and credibility with the consumers within Udaipur, Bhilwara, Banswara, Kota, Chittorgarh and Marwar etc. areas and that it was having its own specific and unique packaging. The Trade Mark, Design and colour combination of the plaintiff company are registered under the provisions of Trade Marks Act, 1999 ('the Act, 1999') and the Copyright Act, 1957 ('the Act, 1957) and, therefore, the right of its exclusive use vests in the plaintiff company.
(3.) It was alleged that the petitioners have been using a deceptively similar mark as of the plaintiff company in the name of "Delight", which has resulted in violation of right of the plaintiff company regarding its exclusive use of the Trade Mark. It was inter alia indicated that defendants have recently started its production and plaintiff came to know about it on 10/4/2018 when the plaintiff company received copies of the tax invoices issued by the defendants. Based on the said allegations, permanent injunction was sought against the defendants regarding using of deceptively similar name of its registered Trade Mark "Decide" and sought delivering-up of the infringing labels and marks. Along with the suit, an application seeking temporary injunction was also filed.;