Intex Technologies (India) Ltd & … vs M/S Az Tech (India) & Another on 10 March, 2017

1. The appellants („Intex‟) are aggrieved by the judgment and / or order

dated 24.12.2016 delivered by a learned single Judge of this court in IA

No.17138/2013, which was an application filed under Order XXXIX Rules

1 & 2 of the Code of Civil Procedure, 1908 („Code‟) in CS(OS) 2060/2013,

filed by the respondents („AZ Tech‟). The said suit and application were

filed in respect of the trade mark „AQUA‟. The respondents filed the said

suit seeking a permanent injunction against the appellants („Intex‟)

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restraining them from using the mark „AQUA‟ in respect of mobile phones

/ cellular phones. The case was one of purported passing off. By virtue of

the impugned judgment and / or order, the learned single Judge has allowed

the application (IA No.17138/2013) filed by the respondents under Order

XXXIX Rules 1 & 2 of the Code and has restrained Intex from using the

mark “AQUA” or any other deceptively similar mark in respect of cellular /

mobile phones and their accessories. Of course, when the present appeal

came up for hearing on 06.01.2017, we had granted stay of the operation of

the said judgment.

Source: Indian Kanoon

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