1. The plaintiffs Mr. Sunil Mittal and Darzi (India) LLP claiming to be registered proprietor of the label mark      

in respect of textile cloth included in Class 24 (of IV Schedule of Trade Marks Rules, 2002) have sued the defendant M/s Darzi on Call (a partnership of Md. Ali Reza, Ms. Nazia Nabi and Sh. Avinash Kumar) for injunction restraining the defendant from using the word “DARZI” or any other word, mark, label identical with or deceptively similar to the word/mark “DARZI” amounting to infringement of plaintiffs’ trademark and passing off its services as those of the plaintiffs’ and for ancillary reliefs, pleading:

(i) that the plaintiffs founded the business concern “THE DARZI” in the year 1981 to provide the finest quality of bespoke tailoring and made to measure to clients;

(ii) that the plaintiffs honestly and bona fidely conceived and adopted the trademark/label and trade name “THE DARZI” in respect of providing the services of