MANMOHAN SINGH, J. (ORAL)

I.A. No.24311/2015 (u/o VI R.17 CPC, by plaintiffs)

1. The plaintiffs filed the suit for permanent injunction restraining infringement of trademark JIVA, passing off, acts of unfair competition as well as for damages/rendition of accounts and delivery up.

2. By order dated 17th October, 2006, this Court passed the ex parte ad-interim injunction restraining the defendants from adopting and/or using the trademark JIVA or any other mark identical or deceptively similar to the trademark JIVA. The operative portion of the said order is as under:-

“.......Accordingly, till the next date of hearing, the defendants, their agents, representatives, assigns, their hotels, resorts etc. are restrained from adopting and/or using the trademark ‘JIVA’ or any other identical or deceptively similar or confusing trademark and/or trademark ‘JIVA’ in relation to any of their goods and services from directly or indirectly adopting and/or using the same. The defendants are further restrained from manufacturing, producing or rendering or offering for sale and/or advertising, marketing any goods or services under the trade name and/or trademark ‘JIVA’.”

3. The said order