Bhattacharya, J. - (1.) This is an appeal by the State against an order of acquittal passed by Presidency Magistrate.
(2.) The accused was charged under Sections 482, 485 and 486 of the Indian Penal Code and also under Sections 6 and 7 of the Indian Merchandise Marks Act inter alia for infringement of trade mark rights of Messrs. Lever Brothers (India) Ltd., in respect of soap known as "Rexona".
(3.) The learned Magistrate held that the word "Rexona" was registered under the Trade Marks Act. A label with certain marks shown in the certificate of registration (Ext. 13) was also found to have been protected by registration, But the Magistrate held that Lever Brothers (India) Ltd., had no trade mark right in respect of the wrappers of "Rexona".;