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DELHI HIGH COURT
T.S.THAKUR, VEENA BIRBAL
Indian Hotels Company Ltd. – Appellant
Versus
Jiva Institute of Vedic Science & Culture – Respondent
JUDGMENT
T.S. Thakur, J. This appeal arises out of an ex parte ad interim order of injunction dated 17th October, 2006 passed by learned single Judge on the original side of this Court whereby the appellant-company has been restrained from using the trade name and/or trademark 'JIVA' or any other identical, deceptively similar or confusing trade name in relation to any of its goods or services and from manufacturing, producing or rendering and offering for sale and/or advertising, marketing any goods or services under the trade name and/or trademark 'JIVA'.
2. The factual matrix leading to the institution of the suit in the present appeal may in nutshell be stated as under:
3. Plaintiff No. 1/respondent herein is a society registered under the Societies Registration Act, 1860 while plaintiff No. 2/respondent herein is a company incorporated under the Companies Act. Plaintiff No. 3/respondent herein is one of the members of the first plaintiff society and also its President. He also claims to be a shareholder in the Second plaintiff company. The plaintiffs claim to be engaged in diverse activities in the fields of education, culture, religion, spiritual as also in Ayurveda. They
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