M/S.Prakash Ferrous Industries Private Limited v. Manasarowar Ispat (India) Pvt Limited
O.A.Nos.5 and 6 of 2024 in C.S (COMM DIV). No.1 of 2024 P.VELMURUGAN. J.
The application in O.A.No.5 of 2024 is filed by the plaintiff to grant an ad-interim injunction, restraining the respondent, their proprietors, partners, directors, subsidiaries, affiliates, franchisees, officers, employees, personnel, servants, agents, representatives including wholesalers, distributors, stockists, retailers and anyone acting for or on their behalf from in any manner directly or indirectly using the trademark "Tirumala" and /or "Tirumala Gold" and/or any other mark identical or similar to the applicant's registered trade mark "Tirumala" under No.2080185 in class 35 and TIRUMALA device mark under No.4439606 and No.4439607 in Classes 6 and 40 respectively amounting to infringement of applicant's registered trade mark pending disposal of the suit.
2. The application in O.A.No.6 of 2024 is filed by the plaintiff to grant an ad-interim injunction, restraining the respondent, their proprietors, partners, directors, subsidiaries, affiliates, franchisees, officers, employees, personnel, servants, agents, representatives including wholesalers, distributors, stockists, retailers and anyone acting for or on their behalf from in any manner directly or indirectly using the trademark "Tirumala" 1/3
and /or "Tirumala Gold" and/or any other mark identical or similar to the applicant's mark "Tirumala" thereby, passing off their products as that of the applicant pending disposal of the suit.
3. The relieves sought for in these two applications would amount to granting the relief in the suit itself as they are matters to be decided only after trial. Hence, these applications are closed.
4. The respondent/defendant is directed to file written statement on or before 25.04.2024.
5. List the matter on 26.04.2024.
05.04.2024 Ksa-2 2/3
P.VELMURUGAN. J.
ksa-2 O.A.Nos.5 and 6 of 2024 in C.S (COMM DIV). No.1 of 2024 05.04.2024 3/3