Enforcing Interim Injunctions and the Safe Distance Rule Under Order XXXIX Rule 2A CPC
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Case: SKY ENTERPRISE PVT LTD v. ABAAD MASALA AND COMPANY
Court: Bombay High Court
Date: 03-08-2026
Law: Code of Civil Procedure, Constitution of India, Contempt of Courts Act, Trade Marks Act.
Highlights of the Judgment:
- Examination of whether modified marks constitute wilful disobedience under Order XXXIX Rule 2A of the CPC.
- Application of the safe distance rule and evaluation of deceptive phonetic and visual similarity.
- Distinction between civil court enforcement under Order XXXIX Rule 2A and criminal contempt under the Contempt of Courts Act.
- Legal implications of obtaining trademark registration during mediation without disclosing subsisting interim injunctions.
- Utilization of inherent powers under Section 151 of the CPC to issue remedial directions rather than punitive imprisonment.