Prathiba M. Singh, J.

1. The Plaintiff has filed the present suit for permanent injunction restraining infringement, passing off, and rendition of accounts. The product in question is oil which is sold under the trademark/labels/packaging- “DR. ORTHO”. The Plaintiff claims to have adopted the same on 8th April, 2011 and has been continuously using it since then. The Plaintiff came to know that the Defendant has adopted the trademark “ORTHO PREMIUM” in a deceptively similar packaging/label. Accordingly, the Plaintiff has filed the present suit.

2. The competing labels are set out below:

“IMAGE”

3. The Plaintiff also claims that the Defendant is copying the bottle design of the Plaintiff’s bottle. The competing bottles are also set out herein below:

“IMAGE”

4. This court on 15th September, 2014 had granted an ex-parte order of injunction in the following terms:

CS(OS) No.2807/2014 & I.A. No.17848/2014 (u/o XXXIX R.1 & 2 CPC)

Let the plaint be registered as a suit.

Issue summons in the suit and notice in the interim application, to the defendants, on filing of process fee and Regd. A.D. Covers within three days, returnable on 29th October, 2014.

The plaintiff has filed the suit for pe