Madras High Court Considers Interim Injunction Applications in Commercial Suit for Trademark Infringement and Passing Off. Applications Seek to Restrain Defendants from Using 'ORBIT' Mark Pending Suit Disposal.

High Court: Madras High Court Bench: Principal
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Issue of Consideration

O.A.Nos.1 & 2 of 2025 in

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Case Details

2025 LawText (MAD) (02) 31

C.S.(Comm.Div)No.2 of 2025

2025-02-24

SENTHILKUMAR RAMAMOORTHY

2025:MHC:532

M.S.Bharath for Ashok Kumar J Daga, P.S.Raman, Senior Counsel for Gautam S.Raman

1. Mr. Amit Agarwal, Sole Proprietor of M/s. Seetu Electricals 2. M/s. Seetu Orbit Cable India Pvt. Limited

1. Mr. Shiv Kumar Gupta 2. M/s. ADL Orbit Cable (India)

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Nature of Litigation

Interim application for injunction in commercial suit for trademark infringement and passing off

Remedy Sought

Interim injunction restraining infringement of registered trademark 'ORBIT' and passing off

Filing Reason

To protect the plaintiffs' trademark 'ORBIT' against alleged infringement by defendants

Previous Decisions

Ex parte interim injunction granted on 03.01.2025 in O.A.No.1 of 2025, now sought to be vacated by defendants

Procedural History

Suit C.S.(Comm.Div)No.2 of 2025 filed; O.A.Nos.1 and 2 of 2025 filed seeking interim injunctions; ex parte injunction granted on 03.01.2025; A.No.743 of 2025 filed to vacate the ex parte injunction; matter listed for hearing on 24.02.2025.

Acts & Sections

  • Code of Civil Procedure, 1908: Order XIV Rule 8, Order XXXIX Rule 1, Order XXXIX Rule 4, Section 151
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