1) CDE has committed violations which are called as "Passing off" and "infringement"
There are two types of remedies are available to the owner of a trademark for unauthorized use of its imitation by a third party.
2) CRIMINAL REMEDY
In case of infringement / passing off trademark, a criminal complaint can also be filed. It may be noted that under the Provisions of the Trade Marks Act, 1999, the offences under the Act are Cognizable, meaning there by that police can register an FIR (First Information Report) and prosecute the offenders directly.
3) Civil remedies in Trademark:
# Injunction/ stay against the use of the trademark
# Damages can be claimed
# Accounts and handing over of profits
# Appointment of local commissioner by the court for custody/ sealing of infringing material / accounts
# Application under order 39 rule 1 & 2 of the CPC for grant of temporary / ad interim exparte
injunction
4) The Courts can grant injunction and direct the authorities to withhold the infringing material / its shipment or prevent its disposal in any other manner, to protect the interest of the owners of intellectual property rights.
5) The case should be filed against CDE in the DIstrict court in Rajasthan or at the place of registered office of ABC.
6) The courts shall grant stay against CDE, if we can give good grounds as evidence at the time of admission of our plaint.