M.K.Sharma - (1.) This is a suit instituted by the plaintiffs against the defendant seeking for permanent injunction and accounts for infringement of the trade mark of the plaintiffs by the defendant.
(2.) The present application was filed by the plaintiffs seeking temporary injunction restraining the defendants from using in connection with their business or in any manner whatsoever 'R.R. 'and /or the device of interlinked 'R.R.' in a shield or any other trade mark deceptively similar to the plaintiffs trade mark. On 15.9.1994, this Court granted an ad interim ex parte temporary injunction restraining the defendant from using 'R.R.' in a shield device. The defendant has filed a reply to the present application filed by the plaintiffs.
(3.) The plaintiffs have stated that the second plaintiff is a world renowned manufacturer and merchant of motor cars, motor chassis and internal combustion engines for land vehicles and parts thereof. It is further stated that the first plaintiff is the registered proprietor amongst others of the trade mark of the goods referred to above. It has been further averred that the most famous cars manufactured and sold b)" the plaintiffs is popularly knowvn as the 'Rolls-Royce' and over the years Rolls -Royce' cars have gained reputation as a symbol of excellence.;