- (1.) CURTAIN-RAISER: The subject lis would involve the authority to use the trade name "Prapti Fashion". The plaintiff would claim, they have outlets all over India under the name and style of "Prapti" and they are prior user of the brand. The defendant started using the same at a later point of time that would give rise to a cause of action where the plaintiff would be entitled to claim monopoly on the brand as a prior user. Significant to note, the defendant was using the label "Prapti Collections". The plaintiffs would claim, by passage of time, they acquired goodwill and reputation that the defendant sought to infringe hence, the plaintiff was entitled to permanent injunction restraining the defendant from using the brand "Prapti" in their product. The records would reveal, the plaintiff filed another suit, prior in time, being T.S. suit No. 122 of 2012.
(2.) They however, did not proceed further in the suit and allowed the same to be dismissed.
(3.) Earlier, simultaneously with the filing of the suit, they made identical prayer for injunction that the learned City Civil Court refused, on appeal, the Division Bench directed expeditious disposal of the suit. The Division Bench also declined to give any interim protection.;