RAMESH KHATANMAL LULLA Vs. MOHAMMAD YUSUF ABDUL GAFFAR
HIGH COURT OF BOMBAY
Ramesh Khatanmal Lulla
Mohammad Yusuf Abdul Gaffar
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(1.) By this appeal, the original defendant has challenged order dated 20.06.2017 passed by the Court below i.e. District Judge, Akola, whereby an application for temporary injunction filed by the respondent-original plaintiff has been allowed and the appellant has been temporarily restrained from manufacturing, trading, offering or dealing in the product "Fafda Powder" under the name of "New Gai Chhap", which is found to be deceptively similar to the registered trade mark "Gai Chhap" of the respondent pertaining to the same product, till the decision of the main suit.
(2.) The respondent-plaintiff filed suit for permanent injunction, infringement of registered trade mark and for claim of damages against the appellant on the ground that the appellant was manufacturing and selling the aforesaid product Fafda Powder under a mark that was deceptively similar to the registered trade mark "Gai Chhap" with a picture of cow being a registered trade mark of the respondent. In this suit, an application for temporary injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure was moved by the respondent, seeking to restrain the appellant, his agents and servants from infringing the registered trade mark, during the pendency of the suit. The appellant filed written statement in the aforesaid suit and denied the claims of the respondent.
(3.) By the impugned order dated 20.06.2017, the Court below has allowed the application for temporary injunction filed by the respondent, holding that there was sufficient material on record to demonstrate that the impugned mark of the appellant was deceptively similar to the registered trade mark of the respondent and that there was every likelihood of confusion in the mind of customers of the appellant. On this basis, the Court below concluded that the respondent had satisfied the requirements for grant of temporary injunction and it passed the impugned order.;
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