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2010 Supreme(Mad) 5495

V.RAMASUBRAMANIAN
Ashok Leyland Limited represented by its General Manager-Legal and Constituted Attorney S. Venkataraman – Appellant
Versus
Blue Hill Logistics Pvt. Ltd. , Bengaluru – Respondent


Advocates Appeared:
For the Plaintiff:Arvind P. Datar, Senior Counsel for A.A. Mohan, Advocate.
For the Defendants:P.S. Raman, Senior Counsel for P.V.S. Giridhar, Advocate.

Judgment :

1. Pending suit for permanent injunction restraining the defendants from committing infringement of the plaintiffs registered trademark LUXURA" and from passing off and for various consequential reliefs, the plaintiff filed two applications for interim injunction in O.A.Nos.1240 and 1241 of 2010. The prayer in OA.No.1240 of 2010 was for the grant of an interim order of injunction restraining the defendants from committing infringement and the prayer in O.A. No.1241 of 2010 was for an interim injunction restraining the defendants from passing off.

2. On2.12.2010, when the applications for injunction were moved for ad interim ex parte orders, the first respondent, who was on caveat, took notice through counsel and represented to this Court that the first respondent has already started operating the passenger bus service between Madras and Bangalore using the name "LUXURIA". Therefore, this court passed an interim order, the operative portion of which is found in paragraph 8 and it reads as follows :

"Therefore, I am restricting the order of injunction by restraining the respondents from operating any other buses any where in the country under the trade name LUXURIA or LUXU














































































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