COMMON JUDGMENT:

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, whereunder and whereby the application filed under Order XXXIX Rules 1 and 2 r/w Section 151 CPC to grant interim injunction restraining the respondents-defendants , their directors, servants and agents from infringing the petitioner-plaintiff’s 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, whereunder and whereby the application filed under Order XXXIX Rules 1 and 2 r/w Section 151 CPC to grant interim injunction restraining the respondents-defendants , its directors, servants and agents from infringing the petitioner-plaintiff’s 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.

4. The appellants herein are the plaintiffs and the respondents herein are the defendants in the main suit.

5. The averments in the affidavit filed in support of the application in I.A.No.3444 of 2010 in O.S.No.567 of 2009 are; originally the plaintiff is a partnership firm duly registered under the Indian Partnership Act, 1932. The same was constituted in the year 1986 and the business was commenced in the name and style of ‘Yashoda Hospitals’, Somajiguda, Hyderabad. Subsequently, the same was changed into ‘Yashoda Super Speciality Hospital’ w.e.f. 21-11-1998. The partners of the plaintiff firm have also adopted the name ‘Yashoda’ even in the business establishments in the year 1984 itself. They have floated another company by name M/s Dattachandra Hospitals Pvt. Ltd., which is running hospitals under the aegis of Yashoda Hospitals at Malakpet, Hyderabad, S.P. Road, Secunderabad and also a cancer hospital at Somajiguda. Thus the plaintiff carries an old established and reputed business of running hospitals under the name of ‘Yashoda Super Speciality Hospital’. The defendant is a company registered under the Companies Act, 1956, which is incorporated to carry on the business and running a hospital. The plaintiff is seeking redressal for infringement of its registered trademark ‘Yashoda’ and to seek an order of injunction restraining the defendants from using trademark and the name ‘Yashoda’ or any other trademark or name containing the word ‘Yashoda’. The plaintiff is the proprietor of the following trademarks, which have been duly registered in the names of