JUDGMENT

Amit Bansal, J. - IA. No. 444/2022 (Order XXXIX Rules 1 and 2 of CPC)

1. By way of the present judgment, I propose to decide the application filed on behalf of the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) for grant of interim injunction pending the disposal of the suit.

2. The plaintiff has filed the present suit seeking permanent injunction against the defendant from infringing/passing off, inter alia, the trademarks of the plaintiff and other ancillary reliefs. In the suit, it has been pleaded that:

(i) Plaintiff company, incorporated in 2012 is in the business of manufacturing, marketing and trading all goods relating to personal hygiene including sanitary preparations and allied products. Since January, 2020, the plaintiff ventured into the manufacturing and trading of diapers.

(ii) Plaintiff has obtained trademark registrations in its favour for the marks 'SUPER CUTESTERS', 'SUPER CUTES' and 'SUPER CUTEZ'. Details of the trademark/device mark/word mark of the plaintiff are set out below:

(iv) The plaintiff has given wide publicity to the said trademarks and the products under the said trademarks are identified and associated by t