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2010 Supreme(Del) 319

MANMOHAN SINGH
Chartered Financial Analysis Institute – Appellant
Versus
Institute of Chartered Financial Analysts Of India – Respondent


Advocates Appeared:
Mr. Sanjay Jain, Ms. Ruchi Jain Mr. Rajender Kumar, Mr. Ashish Marbinang, Ms. Latha R. Nair Mr. Sumit Rajput, Advs.
Mr. Mukul Rohatgi, Sr. Adv., Mr. Rajiv Nayyar, Sr. Adv.
Ms. Pratibha M. Singh, Ms. Saya Chowdhary Ms. Archana Sachdeva, Advs
Mr. C.S. Vaidyanathan, Sr. Adv. with Kirtiman Singh, Adv.
Mr. Gaurav Miglani, Adv.

JUDGMENT

1. This order shall decide three applications being IA No. 14353/2008 and IA No. 14354/2008 filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (hereinafter referred to as „the CPC) by defendant nos. 4 to 6 and defendant no. 3 respectively for rejection of the plaint and IA No. 1865/2009 filed by defendant nos. 1 and 2 under Order 39 Rule 4 read with Section 151 of the CPC for vacation of the interim injunction granted by this Court vide order dated 04.08.2006.

2. The present suit was filed seeking mandatory injunction restraining the defendants from using the plaintiff?s trademarks CFA, CHARTERED FINANCIAL ANALYST etc., passing off and rendition of accounts.

3. Vide order dated 04.08.2006, this Court granted an injunction whereby the original defendant nos. 1 and 2 were restrained from using the trade marks/service marks “CFA, Chartered Financial Analysts of India, ICFA and ICFAI”. The said injunction was to become operative after the end of the then current academic session. The relevant portion of the interim order dated 04.08.2006 reads as under :

“In view of above, I allow the application under Order 39 Rules 1 & 2 CPC and restrain the Defendants, d
































































































































































































































































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