JUDGMENT

Manmohan, J.: (Oral)

C.M.Nos.1288-1289/2023

Exemption allowed, subject to all just exceptions.

Accordingly, the applications stand disposed of.

FAO(OS) (COMM) 2/2023 & C.M.No.1287/2023

1. Present appeal has been filed challenging the order dated 4th November, 2022 passed by learned Single Judge in CS (COMM) No.461/2020.

2. Learned counsel for the appellants/defendants states the learned Single Judge has erred in granting interim injunction in favour of the respondent no. 1/plaintiff without appreciating that the appellants are primarily engaged in the field of manufacturing and selling of water closets and ancillary products since 1999. He contends that the appellants' products are completely different from the respondents' products. He emphasises that the two marks in question, namely, CORZA and CORSA, are different and their area of physical operation is also different. He states that while the business of the appellants is confined to the State of Kerala, the respondents/plaintiffs have no presence in Kerala. Therefore, according to him, there is no question of loss of market share or customers being confused.

3. He contends that the appellants and their predecessor have