IA No.16099/2015 (of the plaintiff u/O 39 R-1&2 CPC), IA No.18726/2015 & IA No.24796/2015 (of defendants u/O 39 R-4 of the CPC) & IA No.18727/2015 (of the defendants for release of goods). 1. The application of the plaintiff for interim injunction and the applications of the defendants for vacation of the ex parte ad interim injunction granted to the plaintiff vide order dated 7th August, 2015 and for release of the goods seized by the Court Commissioner appointed vide the same order and order dated 21st August, 2015 are for consideration.

2. The plaintiff, claiming to be a leading manufacturer and distributor of quality products made using plastic moulding technology including toys, school furniture and playground equipment, has sued the eight defendants namely Playwell Impex Private Limited and its Directors Mr. Mayank Aggarwal, Ms. Meenakshi Gupta, Mr. Pawan Kumar Gupta and Mr. Vishal Gupta and its Manager Mr. Darshan Singh Rawat and its distributor R.P. Associates and its manufacturer Funko India for the relief of permanent injunction restraining them from infringe upon the bundle of intellectual property rights including copyright and Common Law Rights in designs and/or from passing off or indulging in acts of unfair competition by manufacturing, distributing and selling products identical or deceptively similar to the products of the plaintiff and for ancillary reliefs.

3. It is inter alia the case of the plaintiff (i) that it is the assignee of all the intellectual property rights owned by OK Play Limited (UK), a British Company specializinig in manufacture and distribution of toys, including trademarks and goodwill attached to the brand OK Play Limited (UK) and all rights to the drawings, designs, moulds, casts and dyes relating to the toys made by OK Play Limited (UK); (ii) that the plaintiff has been carrying on business under the brand OK PLAY and is the leading toy manufacturer in India having turnover of Rs.56,64,71,656/- in the financial year 2014-15; (iii) that the plaintiff in the year 2014-15 spent Rs.1,28,80,197/- in marketing; (iv) that the plaintiff is the registered proprietor of the trademark OK PLAY‘ since 25th August, 2005 (w.e.f. 26th October, 1992); (v) that the mark OK PLAY is also used by the plaintiff in the form of a logo with the words OK PLAY set out in a stylized font in yellow coloured lettering over a red background and the plaintiff has also applied for registration of the said (device) mark; (vi) that each toy produced by the plaintiff is unique and has been conceptualized and designed under the strict control and supervision of the plaintiff and the conceptualization and production of toys by the plaintiff is confidential and proprietary and involves studying the market, coming up with a feasibility report and demand, conceptualising keeping the mental and physical development of the target age-bracket, coming up with the aesthetic elements of the toy including colour scheme, dimensions etc., preparation of the drawings, preparation of a dummy prototype, creation of the necessary moulds, dyes and creation of casts; (vii) all the drawings are created either in-house or by professionals engaged by the plaintiff; (viii) the plaintiff in the five years preceding the institution of the suit spent Rs.4 crores on research and development; (ix) the defendant no.2 Playwell Impex Private Limited, also engaged in the business of manufacture, distribution and sale of toys, in collusion with the defendant no.6 R.P. Associates which was the distributor of the toys of the plaintiff and defendant no.7 Darshan Singh Rawat, who was earlier an employee of the plaintiff and privy to all confidential and proprietary information and data of the plaintiff, has launched a range of toys which are identical and deceptively similar to the toys made by the plaintiff and is thereby passing off its goods as those of the plaintiff, infringing the bundle of intellectual property rights of the plaintiff in its pro