JUDGMENT

Jyoti Singh, J.

I.A. 6938 2022 (under Order XXXIX Rules 1 and 2 CPC, by Plaintiff) and 7206/2022 (under Order VII Rule 10 CPC, by Defendant)

1. This judgment shall dispose of two applications, one filed by the Plaintiff under Order XXXIX Rules 1 and 2 CPC, 1908 seeking temporary injunction and the other filed by the Defendant under Order VII Rule 10 CPC for return of the plaint.

2. By the present suit, Plaintiff seeks permanent injunction restraining Defendant and all those acting on his behalf from directly or indirectly using the trademarks `DHOLA THARU'/ and/or any other mark identical with or deceptively similar to Plaintiff's trademarks `DHOLA MAARU'/ and the registered trademark , in any manner whatsoever, including but not limited to manufacturing, selling, offering for sale, advertising, distributing, etc. alcoholic beverages under the Plaintiff's trademarks, amounting to infringement of the registered trademark (label) and copyright as well as passing off, amongst other reliefs.

3. Plaintiff is a Company incorporated under the Companies Act, 1956, having its registered and principal office at Delhi. Plaintiff is stated to be engaged in the business of manufacture and distribution of alcoholic beverages, primarily country liquor, under various brands, amongst which a popular brand is `DHOLA MAARU'/. It is averred that Plaintiff is engaged in alcohol business since 1988 and in course of nearly three and a half decades, it has acquired a formidable name and reputation in the industry. Plaintiff honestly and originally coined and adopted the trademarks `DHOLA MAARU'/ in 2004 for its range of country liquor. The mark is a coined and inherently distinctive trademark for country liquor and Plaintiff is the first and exclusive user thereof.

4. It is further averred that since its adoption, more than 17 years ago, the trademarks `DHOLA MAARU'/ have been continuously, uninterruptedly and commercially used in connection with Plaintiff's business. Products of the Plaintiff are currently sold and distributed in the State of Rajasthan as per the Excise license issued to it. Apart from common law rights that have accrued in favour of the Plaintiff, by long and continuous use of the trademarks, it has also acquired statutory rights by way of registration of the label trademark , whose dominant and essential part is . The registration dates back to 25.07.2005 in class 33 and applications for registration of the word marks `DHOLA MARU' and , are pending.

5. Plaintiff was constrained to approach this Court, when it learnt that the Defendant, who is engaged in identical business of alcohol beverages was about to commercially launch country liquor under deceptively similar trademarks `DHOLA THARU'/ and , through his proprietorship firm M/s R.N. Products. In April, 2022, Plaintiff also learnt that Defendant was attempting to seek registration of the impugned marks.

6. Relevant it is to mention at this stage that on 09.05.2022, summons in the suit and notice in the application I.A. 6938/2022 was accepted on behalf of the Defendant and an assurance was given to the Court that till the next date of hearing, no fresh stocks would be manufactured by the Defendant. The undertaking/assurance continued during the hearing of the present applications and on the date when the judgment was reserved, it was recorded by the Court that the assurance shall continue till the pronouncement of the judgment.

7. Arguments canvassed on behalf