U.C.Banerjee, J. - (1.) In this interlocutory application the petitioner has prayed for an order of injunction restraining the Spencer Pure Drinks Pvt. Ltd. and one Amar Dutta from selling and offering for sale or advertising or utilising otherwise the trade name and mark 'Spencer's' and the labels or any colourable imitations thereof in relation to the mineral and aerated water and other non-alcoholic beverages in any manner whatsoever.
(2.) On the factual score it appears that one Sm. Bhakti Dutta carried on business of manufacture and sale of mineral, aerated water and other non-alcoholic beverages under the trade mark and name "Spencer's". The nark "Spencer" was registered on 6th October 1942 bearing Registration No. 6108 and the register maintained by the Registrar of Trade Marks recorded "Sm. Bhakti Dutta" as the registered proprietor for the mark.
(3.) On the 1st September 1961 Sm. Bhakti Dutta assigned the trademark, trade name and label in favour of "Spencer's Aerated Water Factory Private Limited" now in liquidation being the defendant No.3 herein of which defendant No.2 was the Managing Director. The said assignment was also entered in the register of trademark. Since however 1963 the defendant No.3 continuously used the trade mark, trade name and associated trade marks and labels in relation to mineral and non-alcoholic drinks which became a part of the good will and assets and property of the defendant No.3. On 23rd September 1975, however, the defendant No.3 was directed to be wound up and the Official Liquidator was appointed as the liquidator of the defendant No.3. In a suit being Suit No.754 of 1979 by the defendant No.3 against M/s. Bijoli Grill Caterers this Court directed the official liquidator to assign and transfer the good will, trade name, trading style and trade mark of the defendant No.3 in favour of the plaintiff herein and in terms whereof by a registered deed of assignment the official liquidator on 21st February 1980 transferred and assigned to the plaintiff the good will, the right to use as part of a trading style, the name "Spencer" with the option to the plaintiff to use its existing trading style, its trade marks and labels.;