- (1.) This appeal is directed against an order dated 21st June, 2010 passed by the Hon'ble Single Judge when His Lordship was pleased to grant an order of injunction in favour of the plaintiff (Eveready Industries India Ltd. ). It appears that the plaintiff Eveready Industries India Ltd. filed a suit in this Court and in the said suit an interlocutory application was filed inter alia praying for following orders: -- (a) Injunction restraining the Respondent, his mean, servants, dealers, agents, employees and assigns from infringing the petitioner's registered trademark "Eveready" by manufacturing and/or selling and/or otherwise dealing in products under the mark "Eveready" or any other mark or marks which is deceptively similar to and/or identical with and/or fraudulent limitation of the petitioner's said registered trademark "Eveready". (b) Injunction restraining the Respondent, his men, servants, dealers, agents, employees and assigns from infringing the petitioner's copyright subsisting in the artistic style of representation of the Trademark "EVEREADY" as shown in Annexure "b" hereto by representing the impugned mark "EVEREADY" in the styles of representation or any of them as shown in Annexure "G" hereto or by using any other style of representation which is deceptively similar to and/or identical with an/or fraudulent imitation of the Petitioner's said style of representation. (c) Injunction restraining the Respondent, his men, servants, dealers, agents, employees and assigns from using and/or utilizing Petitioner's registered trademark "EVEREADY" and/or Petitioner's artistic style of representation as shown in Annexure "B" hereto by selling and/or manufacturing and/or dealing in any product under the mark "EVEREADY" in the impugned styles of representation or any of them as shown in Annexure "G" hereto or under any other mark or marks and/or style of representation which is/are identical with and/or fraudulent imitation of and/or deceptively similar to the Plaintiffs mark "EVEREADY" and/or the Petitioner's said style of representation. (d) Injunction restraining the Respondent, his men, servants, dealers, agents, employees and assigns from passing off its products as that of the Plaintiff by selling and/or manufacturing and/or dealing in any product under the mark "EVEREADY" and/or the impugned styles of representation or any of them as shown in Annexure "G" hereto or any other mark and/or style of representation which is identical with and/or deceptively similar to and/or fraudulent imitation of the Plaintiffs trademark "EVEREADY" and/or the style of representation of the Plaintiff as shown in Annexure "B" hereto. (e) Ad-interim orders in terms of prayers (a) to (d) as above. (f) Costs incidental to this application to be borne by the Respondents. (g) Such further and/or other orders. His Lordship was pleased to pass an order of injunction and held that the order of injunction in respect of infringement will not be effective so far as the States of Haryana, Delhi, Uttar Pradesh, Rajasthan and Gujarat; are concerned.
(2.) Being aggrieved and dissatisfied with the said order of injunction the appellant/defendant has filed this appeal.
(3.) The facts of the case briefly are as follows:- It is the case of the appellant that its predecessors in interest were using the Trademark "EVEREADY" in respect of GLS Bulbs since 1983. The appellant on and from 1989 had been using the said Trademark "EVEREADY". In or about 1988-89 M/s. Shiva Electricals was dissolved and the business activities of the said firm including the use of the trademark "EVEREADY" in relation to GLS Lamps were continued by Anil Kumar Gupta, appellant/defendant under the name and style of his proprietorship concern M/s. Shiva Lamps Industries. On 9th February, 1993 an application was filed by the appellant with the Registrar of Trade Marks, New Delhi for the registration of the said Trademark "EVEREADY" in class 11 under application No. 590383 in respect of GLS Lamps for sale in Haryana, Delhi, Uttar Pradesh, Rajasthan and Gujarat. The appellant duly issued caution notice with regard to the said Trademark in a leading Newspaper claiming its rights in the Trademark "EVEREADY" in respect of GLS Lamps. ;