- (1.) By consent of the parties, the appeal and the application are treated as on the day's list and disposed of by this order.
(2.) The appeal is arising out of an ad interim order of injunction dated 6 February, 2020 passed by the learned District Judge whereby the defendant/appellant was restrained from using the trademark ' BENGAL'S PRIDE' on its liquor bottle sold in the locality.
(3.) On 28 February, 2020, we suggested that the colour of the label used by the appellant should be changed as the present get-up of both the labels containing the respective marks appear to be deceptively similar, insofar as the colour combinations are concerned. However we did not prevent the defendant/appellant from using the mark ' BENGAL'S PRIDE' but we restricted it with regard to the colour combinations of the infringing label produced before us. It appears that better sense had been prevailed and the parties have now agreed that the get-up as proposed by the defendant/appellant with blue colour in the background can be used by the defendant/appellant.;