JUDGMENT :

I.A.287/2021 (under Order XXXIX Rules 1 and 2 of the CPC)

1. KEI Industries Ltd, the plaintiff, alleges infringement, by the defendants, of its registered trademark “KEI”, of which it has registration both as a word mark and as the [logo 1]device mark. Accordingly, the plaint seeks a decree of permanent injunction, restraining the defendants from infringing the plaintiff’s registered trademarks either physically or via online platforms, along with other prayers for rendition of accounts, delivery up nd declaration.

2. With the plaint, the plaintiff has filed an application, under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC), seeking interlocutory injunctive reliefs. Learned Counsel for both sides have been heard at length on this application, which the present order disposes of.

Facts

3. The dispute, in the present case, is not so much one of whether the mark used by the defendants does, or does not, infringe the plaintiffs registered marks, but whether the defendants are entitled to use the said mark. Given the nature of the controversy, it would be appropriate to proceed by setting out the rival stands of both sides, as they emerge from the pleadings