1. This is an application under Order XXXIX Rule 1 and 2 of the Code of
Civil Procedure filed by the plaintiffs seeking an ad interim injunction
against the defendants from using the trademark „AQUA‟. The present
suit has been filed by the plaintiffs seeking permanent injunction,
delivery up, production of accounts, damages etc.
2. The trademark involved in the present suit is the word mark „Aqua‟
pertaining to mobile phones (hereinafter the „suit mark‟). The pictoral
representation of the mark/logo adopted by the parties is different, but
is being used by the parties in respect of the same goods, i.e. mobile
phones. During the pendency of the present suit, the defendants alleged
CS (OS) 2060/2013 Page 1 of 44
that the plaintiffs had themselves imitated the logo of the defendants
mark, i.e. „ ‟. This led to filing of another suit, being Intex
Technologies (India) Limited & Anr. v. Northern Lights Solution
LLP & Ors., CS (OS) 2668/2015, by the defendants herein. On
05.12.2016, the said suit was disposed of pursuant to a settlement
between the parties whereby the defendants therein/plaintiffs herein had
given an undertaking not to use the logo of the defendants herein.
Needless to state that the undertaking was given without prejudice to
the rights and contentions sought to be urged by the plaintiffs herein in
the present suit.
Source: Indian Kanoon