COMMON ORDER

The applicant in all these applications is the plaintiff in C.S.No.23 of 2015 and the respondents are the defendants. The said suit has been filed for the following reliefs:-

(a) granting a permanent injunction, restraining the defendants by themselves, their servants, agents, men, or anyone claiming through them from manufacturing, marketing, distributing, offering or advertising for sale any kind of products using the mark VOLT or similar sounding marks in the course of their business and pass of their products using the trademark VOLT as and for products sold under trademark BOLTS of the plaintiff or enable others to pass off.

(b) granting a permanent injunction, restraining the defendants by themselves, their servants, agents, men, or anyone claiming through them from manufacturing, marketing, distributing, offering or advertising for sale any kind of products using the tag line INSTANT ENERGY. ANYTIME. ANYWHERE. or similar sounding lines in the course of their business and pass of their products using the tag line ENERGY OF GLUCON-D. ANYWHERE. ANYTIME as and for products sold under the tag line INSTANT ENERGY. ANYTIME. ANYWHERE. of the plaintiff or enable others to pass off.

(c) granting a permanent injunction, restraining the defendants by themselves, their servants, agents, men, or anyone claiming through them from manufacturing, marketing, distributing, offering or advertising for sale any kind of products using the colour scheme and get up as seen in document No.1 or similar colour scheme and get up in the course of their business and pass of their products using the colour scheme and get up in document No.2 as and for products sold under the colour scheme and get up in document No.1 of the plaintiff or enable others to pass off.

(d) directing the defendants to surrender to the plaintiff all products, packing materials, cartons, advertisement materials and hoardings, letterheads, visiting cards, office stationery and all other materials containing / bearing the trademark VOLT or any other deceptively similar trademark in respect of pharmaceutical and medicinal preparations.

(e) for a preliminary decree in favour of the plaintiff, directing the defendants to render an account of profits made by them by the use of the trademark VOLT in relation to their products and for a final decree in favour of the plaintiff for the amount of the profits found to have been made by the defendants after the defendants have rendered accounts and costs.

2. Pending suit, the applicant / plaintiff has taken out three applications in O.A.Nos.33 to 35 of 2015 for interim injunction in respect of prayers a, b and c made in the plaint.

3. For the sake of convenience, the applicant will be referred to as the plaintiff and the respondents will be referred to as defendants.

4. The case of the plaintiff, in brief, is as follows:-

(a) The plaintiff is a public limited company having their business interest in IT, software development and other related services. The plaintiff entered into a Scheme of Arrangement with one Azim Premji Custodial Services Private Limited and Wipro Trademarks Holding Limited. This scheme demerged its diversified business i.e., the customer care products and others to Azim Premji Custodial Services Private Limited. Subsequently, Azim Premji Custodial Services Private Limited has been converted into a public limited company. The said scheme has been approved by the High Court of Karnataka vide its order dated 1.3.2013 in Co.P.No.8/2013 and Co.P.No.9/2013 and Co.P.No.10/2013. Subsequent to the same, the said Azim Premji Custodial Services Private Limited has changed its name and is presently known as WIPRO ENTERPRISES LIMITED by its Certificate of Incorporation dated 19.4.2013.

(b) During the course of their business, on 16.4.2003, the plaintiff had acquired the trademark GLUCOVITA from Hindustan Lever Limited, who was the successor in interest from International Best Foods Ltd. In view of the demerger, this mark now vest