Karnataka High Court

Eternal Limited v.Eternl Resilienttech Private Limited

The Karnataka High Court dismissed an appeal filed by Eternal Limited against an order granting an ad-interim ex-parte temporary injunction in favor of Eternl Resilienttech Private Limited, restraining Eternal Limited from using the mark 'Eternal' or any other mark deceptively similar to Eternl Resilinttech Private Limited's registered trademark. The court held that the appeal was not maintainable and that the remedy available to the appellant/defendant was to file an application under Order XXXIX Rule 4 of CPC. The court also directed the Trial Court to consider any such application within four weeks and pass appropriate orders on its merits.