HIGH COURT OF DELHI
M/S DRS LOGISTICS (P) LTD & ANOTHER – Appellant
Versus
GOOGLE INDIA PVT LTD & ANR – Respondent
O R D E R
I.A. 2173/2022 (of plaintiffs u/O XXXIX R-2A CPC and under Section 12 of the Contempt of Court Act, 1971 against the defendants/contemnors for violation of order dated 30.10.2021)
1. This order has been necessitated on account of the vehement opposition on behalf of the defendants No.1 & 3/respondents No.1 to 17 against the issuance of notice on the application.
2. For a brief background, it may be noted that the applicants are the plaintiffs in the suit seeking permanent injunction against the defendants, in which I.As. No.21153/2011 and 4474/2014 were filed for interim relief. Vide order dated 30th October, 2021, I.As. No.21153/2011 and 4474/2014 were allowed on the following terms and para 127 of the judgment is reproduced for ready reference:
“127. I must state here that the plaintiff can seek protection of its trademarks which are registered in view of Section 28 of the TM Act, but cannot have any right on surnames / generic words like Packers or Movers individually. Having said that in view of my above discussion, the applications are liable to be allowed, subject to final determination of the suit in the following manner:
(I) The defendant Nos.1 and 3 shall investigate
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