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2016 Supreme(Del) 4544

HIMA KOHLI
Inter Ikea Systems BV – Appellant
Versus
Imtiaz Ahamed – Respondent


Advocates Appeared:
For the Plaintiffs :Ms. Swetashree Majumder and Ms. Tanya Verma, Advocates.

JUDGMENT :

Hima Kohli, J.

The plaintiffs have instituted the present suit for the relief of permanent injunction, restraining infringement of trademark, passing off, infringement of copyright, rendition of accounts, damages, etc., against the defendant No.1 and defendant No.2 (wife of the defendant No.1), both proprietors of two separate firms based in Cochin.

2. Summons were issued in the suit on 3.11.2014, returnable on 15.1.2015. On the same day, an ex parte ad interim order was passed in favour of the plaintiffs and against the defendants, restraining them from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in products and services which are identical or deceptively similar to the plaintiffs' products and services under the trademark "IKEA" or any other trademark which is either identical or deceptively similar in trade dress, colour combination and layout amounting to infringement and passing off.

3. On 15.1.2015, the service report in respect of the defendants was awaited and fresh summons were issued to them. The defendants were duly served through e-mail on 11.2.2015, but none appeared on their behalf; nor did the defendants file their wr




































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