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In the dispute between Jiva Institute of Vedic Science and Culture and The Indian Hotels Company over…

The Division Bench vacated the restraint on using 'JIVA' for spas "run in the hotels established by it", subject to undertakings to file accounts every six months and not to…

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In the dispute between Jiva Institute of Vedic Science and Culture and The Indian Hotels Company over the mark 'JIVA', a Division Bench of the Delhi High Court (order of 30 May 2008, FAO(OS) 44/2007) modified a single judge's ex parte injunction. What did it order?

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The Division Bench vacated the restraint on using 'JIVA' for spas "run in the hotels established by it", subject to undertakings to file accounts every six months and not to "start any spa independent of a hotel". It confirmed the restraint on selling "any ayurvedic product under the trademark 'JIVA'". So the answer is the split order; vacating the injunction for ayurvedic products too is wrong.

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