- (1.) The plaintiff in what appears to be a passing-off action complains of the refusal by the trial court to grant an interlocutory injunction to restrain the defendant's use of unregistered mark 'Swarn Ganga' in respect of paddy seeds.
(2.) There is no dispute that both the appellant and the respondent manufacture and sell paddy seeds. The appellant has a registered mark by the name of 'Tiger Brand' and the appellant also sells paddy seeds under the mark 'Swarna Ganga' in conjunction with the mark 'Tiger Brand'. According to the appellant, 'Swarna Ganga' was first used by a proprietorship concern since or about 2002 and it was assigned to the appellant company upon the appellant company being formed sometime in 2006.
(3.) The essence of the appellant's case is found at paragraph 5 of the plaint: "5. That the plaintiff starts (sic., states) that in order to protect the statutory rights under the Trade Marks Act, 1999, the Plaintiff had duly applied for registration of the trademark "TIGER BRAND SWARNA GANGA'' in relation to seeds in the year (sic.) 24th January 2006 complying with all rules and regulations and obtained the Registration Certificate on 25th February 2008.";