KHURSID AHMED BHAT Vs. HAJI BASHIR AHMED BHAT

JUDGEMENT

(1.) Respondent instituted civil original suit against appellants in the court of learned Principal District Judge Srinagar in which the following reliefs are claimed:-

(2.) Respondent claimed to be proprietor of the small scale unit namely M/s Haji Bashir Ahmad Bhat and Sons dealing in manufacturing, processing, packing and sale of Tobacco and allied products (Naswar), with its head office located at Jamalata Srinagar. The respondent claimed that the said SSI Unit is registered with various authorities. The further case of the respondent is that he uses various packings for marketing products and packging of the products are significant because consumers of the products are mostly rustic and illiterate people for whom packing getup, which include colors/marks, is the only guide that leads them to the identification of the product. The further claim of the respondent in the suit is that the appellants have been manufacturing, storing and selling inferior quality products in the market, and Marks/packings have been fraudulently tailor made to be deceptively similar to that of Marks/Packings of respondent, and in process appellants are causing immense damage and loss to the respondent. The respondent's products are registered under the Trade Mark Act, 1999. The respondent has placed the sample of his product along with the samples of the product of the appellants on the suit record. Along with the suit respondent filed an application for temporary injunction, and initially the learned trial Judge passed an ex-parte ad-interim order. Appellants filed an application seeking vacation of the ex- parte order and after hearing of the parties the learned trial Judge vide its order dated 10th June, 2009 allowed the temporary injunction application of the respondent and appellants were temporarily restrained till disposal of the main suit from using the marks "New Mour Marka", "Green Star Brand", and "Green Star Marks" while manufacturing and marketing their products. It is this order which is under challenge in this civil first miscellaneous appeal.

(3.) Heard learned counsel for parties. Considered the matter.