I.A. No. 961/2013

1. The present application is filed under Order XXXIX Rules 1 and 2CPC seeking ad interim injunction to restrain the defendant from using thetrademark “D”DAAZS” or any other deceptively similar trademark to that of the plaintiff’s trademark “HAAGEN-DAZS” and “DAZS” in relation to the goods manufactured and/or marketed by them or in relation to their business or in any other manner. The accompanying plaint is filed by the plaintiff seeking the relief of permanent injunction and other connected reliefs in relation to its registered trademark “HAAGEN- DAZS” and “DAZS”.

2. As per the averments in the plaint, plaintiff No. 1 is a company existing under the laws of the State of Delaware, USA. The second plaintiff is an affiliate of plaintiff No. 1 and is registered in India. It is stated that the history of the plaintiffs can be traced back to 1860s. Plaintiff No. 1 claims to be one of the world’s leading food companies, operating in over 100countries including India, marketing more than 100 consumer brands including HAAGEN-DAZS, CHEERIOS, NATURE VALLEY,PILLSBURY etc.

3. It is averred that the plaintiffs provide various products such as ice creams, frozen