DR. ASHOK M. BHAT PROP OF NNOVA AND CO. vs HARICHAND NAGPAL PROP OF RAVI INDUSTRIES AND ANR

CNR No : HCBM020253812013 1. At the outset, since both the captioned Notice of Motion No. 1269 of 2016 and Interim Application (L) No. 9324 of 2025 are both filed under the provisions of Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, and allege the willful breach and disobedience of the Order dated 24th November 2010, both applications were heard together and are being disposed of by this common order. The parties in this order shall be referred to as they are arrayed in Interim Application (L) No. 9324 of 2025. 2. The short question which arise for determination in the present Interim Application is whether Respondent No. 1, having been injuncted from using the trade mark ‘NOVA’ which is the Applicant’s registered mark and the artistic work as set out in Table ‘A’ below, could have used the trade mark ‘NOVA MINI’ and the artistic work depicted in the label which is set out in Table ‘B’ below viz. 2 Meera Jadhav 5-IAL-9324-2025 Table A Table B Trade Applicant’s Trade Mark Impugned Mark registered artistic Label work NOVA The facts, briefly stated: 3. It is not in dispute that the Applicant, i.e., the Plaintiff in the captioned Suit, is the registered proprietor of the tr