BADAR DURREZ AHMED, J

1. These five applications are being disposed of by a common order. Three applications [two under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’) and one under Order 39 Rule 4 CPC] have been filed in CS(OS) 383/2007, which is a suit based on infringement of a registered trademark as also on passing off. Two applications, both under Order 39 Rules 1 and 2 CPC, have been filed in CS(OS) 1058/2002, which is a suit based on passing off action as well as for infringement of a copyright. Both the suits have been filed by the same plaintiff and in respect of the same trademark, i.e, ‘OFFICER’S CHOICE’. The defendants’ mark which is sought to be injuncted is ‘ORIGINAL CHOICE’. Both the marks are used for the very same product, that is, whisky.

2. When the suit bearing No. CS(OS) 1058/2002 was filed, the plaintiff had not yet been granted a certificate of registration in respect of the mark ‘OFFICER’S CHOICE’ and, therefore, that suit was based purely on the plea of passing off. On 19.04.2007 registration was granted to the plaintiff in respect of the mark ‘OFFICER’S CHOICE’ in relation to whisky falling under Cl

Click Here to Read the rest of this document