JUDGMENT

Amit Bansal, J. - I.A. No. 11451/2018 (O-39 R-1 & 2)

1. By way of the present judgment, I shall dispose of the application filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking interim injunction against the defendants, restraining the defendants from using the tagline "STIMULATES MIND. ENERGIZES BODY.", which is claimed to be deceptively similar to the plaintiff's registered trademark/tagline "VITALIZES BODY AND MIND.".

2. The present suit was filed in August, 2018 and thereafter, vide order dated 24th September, 2018, the parties were referred for mediation. However, the mediation did not bear fruits and accordingly, on 05th December, 2018, the matter was fixed for arguments on the present application. Replies to the application were filed by the defendants on 14th and 27thFebruary, 2019.

Plaintiff's Submissions

3. Counsel for the plaintiff made the following submissions:

I. The plaintiff and its group of companies have been manufacturing and marketing, inter alia, energy drinks sold under the trademark "Red Bull", since the year 1987.

II. In relation to its product, the plaintiff is using the tagline "VITALIZES BODY