Decided on August 29,1983

Bharat Tobacco Mfg. Co. And Others Appellant
Nav Bharat Tobacco Mfg. Co. Etc Respondents


G.R.LUTHRA,J. - (1.)The present application is under Order 39 Rules 1 and. 2and section 151 of the Code of Civil Procedure for issue of a temporary injunction restraining the defendants from carrying on business in Khaini tobacco (scented tobacco) or similar business under or by reference to the name "Nav Bharat Tobacco Manufacturing Co." or any other name which has its contents the words ,Bharat Tobacco Manufacturing Co." or from in any manner passing off or attempting to pass off scented tobacco as if the sane had been manufactured by the plaintiff. The plaintiff also seeks a temporary injunction restraining the defendants from using the offending trade mark containing the snap or photograph of Shri Gobind Lal, defendant No. 2 or any other mark which is deceptively similar to or is an infringement of the trade mark right of the plaintiff in the snap of Gobind Lal defendant No. 2 and thereby passing off or enabling others to pass off their goods as the goods of the plaintiff. The third injunction prayed for by the plaintiff is that the defendant should be restrained from using the offending label on the packing of the goods, which is an infringement of the copyright Nos. A 9570/73 and A 31338/82 of the plaintiff.
(2.)It is common ground between the parties that previously the plaintiff and defendant No. 2 were carrying on business in partnership with each other* under the name and style of M/s. Chanan Dass Gobind Lal/Bharat Tobacco Manufacturing Company, Weavers Colony, Panipat. On the products of that partnership, snap of defendant No. 2 was being displayed. On March 31, 1979 the aforesaid partnership was dissolved by means of a deed executed between the said partners. It was, inter alia. agreed by means of that - it dissolution deed that with effect from Ist Nov., 1979 the plaintiff would have absolute right to use the trade mark containing snap of Gobind Lal with words "Bharat Scented Khaini Banga Khushbudar Tobacco manufactured by 13harat Tobacco Manufacturing" Co. Panipat".
(3.)After dissolution of aforesaid firm, the plaintiff which is a partnership firm consisting of Ghansham Dass and Smt. Vishnibai was constituted. Plaintiff firm is carrying on business of selling scented tobacco (known as Khaini) at Panipat. According to them, they have a right to use the words "Bharat Tobacco Manufacturing Co." and the snap of Gobind Lal, defendant No. 2 on their tobacco product. They also claimed to be the exclusive owner of the copyright and trade mark with the snap of defendant No. 2 for carrying on the business under the trade style Bharat Tobacco Manufacturing Co.

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