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2019 Supreme(Mad) 2183

N.SATHISH KUMAR
Rajdeep Energies Pvt. Ltd. , Represented by its Director – Appellant
Versus
Res Q Technologies Pvt Ltd. , Represented by its Director Magesh – Respondent


Advocates Appeared:
For the Applicant :M/s. Thenkodi Annam Nelson, V. Jayavigneshwari, Advocates
For the Respondent:M/s. Suba Shiny, Advocate

JUDGMENT :

(Prayer: Application has been filed to vacate the order of ex-parte interim injunction dated 08.03.2019 granted in O.A.No.226 of 2019 in C.S.No.180 of 2019.)

1. This application has been filed to vacate the order of interim injunction dated 08.03.2019 granted by this Court in O.A.No.226 of 2019 in C.S.No.180 of 2019. Originally the suit has been filed by the Respondent/Plaintiff for Permanent injunction restraining the Applicant/Defendant and his men from in any manner infringing the Plaintiff’s registered trademark RESQ by using an identical mark RESQ or any other trademark deceptively similar to that of the Plaintiff’s registered trademark, passing off or enabling other to pass off the Defendant’s products as that the of the Plaintiff’s products by manufacturing, selling , ordering to sell, using he trademark RESQ; order the defendant to surrender the Plaintiff for destruction of all proeucts, labels, business cards, promotional materials etc., using for infringing trademark RESQ, Preliminary decree directing the Defendant to render accounts of profits made using the trademark RESQ and a final decree to be passed in favour of the Plaintiff for the amount of profits thus

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