FACTUAL MATRIX

Respondent-plaintiff in this writ petition filed the suit O.S.No.8499/2014 against the petitioner – defendant herein for the following reliefs:

(a) “To direct the Defendant or its agents, assignees, nominees or any person acting on their behalf or claiming under them to cease and desist from using the said trade mark “Vistara” belonging to the plaintiff or by any other name/s which are phonetically and visually similar to the word “Vistara”

(b) By way of a Permanent Injunction to restrain the defendant or its agents, assignees, nominees or any person acting on their behalf or claiming under them, from using the said trade mark “Vistara” belonging to the plaintiff or by any other name/s which are phonetically and visually similar to the word “Vistara”

(c) By way of a Mandatory Injunction direct the defendant to delivery up the infringing labels and marks for destruction or erasure;

(d) Direct the defendants to pay the plaintiff a sum of Rupees 1,00,00,000/- (Rupees One Crore only) as damages for passing off of the trade mark “Vistara” belonging to the plaintiff as their own.”

contending interalia that plaintiff – company came into being to revolutionalise India’s cor