IA No. 2885/2016 (of the plaintiff under Order XXXIX Rules 1&2 CPC).

1. The plaintiffs, Rohit Singh and Vyooh Low Level Computing LLP, have instituted this suit for permanent injunction to restrain the defendant Apple Inc. USA from, by using the mark ‘SPLITVIEW’ or a deceptively similar variant thereof in relation to any of its software products, passing off its goods/services as that of plaintiffs and for recovery of damages.

2. The suit came up before this Court first on 1st March, 2016 when, while issuing summons thereof, vide ex parte ad interim order the defendant was restrained from using in any manner the trade mark of the plaintiffs ‘SPLITVIEW’ for any of the programmes and features within a programme of the defendant or in any hardware or software sold by the defendant directly or through dealers.

3. The defendant preferred FAO(OS)(COMM) No.11/2016 against the order aforesaid of grant of ex parte injunction and the Division Bench, vide judgment dated 7th April, 2016, vacated the ex parte ad interim injunction pending the disposal of this application for interim relief.

4. Pleadings have been completed and the counsels were heard on the application for interim relief