Sanjeev Narula, J.

Cs (Comm) 1313/2018

The present suit was originally filed seeking decree for permanent injunction, infringement of Trademark, passing off, dilution, unfair competition, rendition of accounts of profits or damages, delivery up etc. The court issued summons in the suit on 21st December 2018, and granted an ex parte ad interim injunction against all the Defendants, inter alia restraining them from manufacturing, selling, offering for sale, advertising, directly or indirectly dealing in medicinal preparation with the mark 'ELDER', 'ELDER' logo, 'EVERVIT' or any other identical or deceptively similar to Plaintiff's registered trademark. This injunction is continuing till date.

2. All the Defendants after receiving summons entered appearance and objected to the maintainability of the suit for the action of infringement of trademark on the ground that Plaintiffs were not the registered proprietor of the trademark and also on the ground of mis-joinder of causes of action. Taking note on these objections, the Plaintiffs conceded on two aspects. Firstly, they gave up their claim of infringement of trade mark and confined the suit only to the action of passing off