JUDGMENT

Rajiv Shakdher, J.

Table of Contents

Backdrop

Submissions on behalf of the plaintiff

Submissions on behalf of the defendants

Analysis and Reasons:

Conclusion:

Backdrop:

1. This is an application filed by the plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908 [in short "CPC"] for seeking interim relief against the defendants.

2. The plaintiff and the defendants are locked in a battle, concerning the use of the impugned trademark. The two rival trademarks are set forth hereafter:

2.1. As would be evident, both the trademarks have common alphabets i.e., AMPM, although, the defendants' trademark i.e., the impugned trademark is stylized i.e., is written in italics, with the word "designs" as its suffix.

2.2. Insofar as the plaintiff's mark is concerned, apart from anything else, it indicates the names of the creators of the mark. The plaintiff asserts that its trademark is an acronym or a shortened form of the names of the owners of the said mark i.e., Ankur Modi and Priyanka Modi.

Plaintiff's assertions:

3. The plaintiff avers that it is in the business of fashion designing. It is claimed by the plaintiff that, it deals in