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2018 Supreme(Kar) 773

L.NARAYANA SWAMY
SOMASHEKAR P PATIL – Appellant
Versus
D. V. G. PATIL – Respondent


Advocates:
Advocate Appeared:
Udaya Holla, Adv., Veeresh Sangolli, Adv., Raghu Hulikal, Adv.

JUDGMENT :

L. NARAYANA SWAMY, J.

1. Appellant filed Suit in O.S. No.6665 of 2017 against the respondent for committing infringement and passing off of the trademark and trading name "PATIL and PATIL PARIMALA WORKS" by using identical and deceptively similar trading name i.e. "PATIL FRAGRANCES". The appellant also filed applications IAs. I and II under Order XXXIX Rules 1 and 2 for interim injunction to restrain respondent from using the name "Patil Fragrances" or any other identical or deceptively similar trading name or trademark during the pendency of the Suit. Initially, the applications were allowed and temporary injunction was granted by its order dated 09th October 2017 and upon respondent filing IA.7 under Order XXXVI Rule 4 of the Code of Civil Procedure seeking vacating the ex party interim order granted on 09th October 2017, the learned Judge, by its order dated 31st March 2018 vacated the interim order. Hence, the appellant-plaintiff has filed this appeal with a prayer to set aside the order dated 31st March 2018 passed by the XVIII Additional City Civil Judge, Bengaluru (CCH 10) and it is sought to allow IAs. I and II filed by the Plaintiff-appellant and to dismiss IA.7 f
























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