- (1.) This is an appeal filed by the plaintiff-firm Hira Lal Ram Dass of Amritsar against the order dated November 19, 1974, of the Additional District Judge, Amritsar dismissing their application for temporary injunction against the defendant.
(2.) The facts of this case are that the plaintiff is a partnership firm and are the sole selling agents of a Panbari Tea Estate in Assam, Post Office Darrang-Panbari, Assam. The plaintiffs had been selling tea produced by the said Panbari Estate for a pretty long time and they commanded sale in Indian market particularly in Amritsar and abroad. The bags and cases containing tea were marked Pan brand and the trade mark of the plaintiff was displayed on all the cases and bags and was printed in green colour displaying the picture of a betal (Pan) with a circle around it and in the said circle the words, 'Pan-Bari Tea Estate, P.O. Darrang-Panbari, Assam' are written. The plaintiff firm got registered this trade mark on 21st July, 1961 with the trade mark registry office (Government of India) and obtained the certificate of registration under the Trade and Merchandise Marks Act, 1958. It is alleged that the defendant, which is a limited company, in order to infringe the trade mark of the plaintiff and to pass off their goods as that of the plaintiff, started marking their goods with a label of "Pan-Brand" which label was deceptively similar to that of the trade mark of the plaintiff. The label used by the defendant on its packings of tea was colourable imitation of the plaintiff's trade mark and was likely to deceive an unwary purchaser who would purchase the goods of the defendant under the impression that they were purchasing the goods of the plaintiff produced at Panbari Tea Estate. The plaintiff, therefore, filed this suit for a permanent injunction restraining the defendant company from manufacturing, marketing for sale or expose for sale any tea in cases or bags or other containers bearing the trade mark of the plaintiff firm "Pan-Brand". It was also prayed that the defendant should render the true accounts of all profits and gains made by them in the sale of such goods and a final decree for the amount found earned by the sale of such goods with costs of the suit may be passed in favour of the plaintiff against them.
(3.) The defendant-company contested this suit. The allegations made in the plaint were denied. It was denied that they were selling their goods by passing off the same as that of the plaintiff. The trade mark used by them had no similarity at all with the trade mark of the plaintiff. It was averred that they had been making use of their trade mark without any let or hinderance since 1967 and were selling high quality C.T.S. tea and not black and green tea and they have got a big market in Amritsar and other principal towns of India and abroad. They alleged that they were selling their tea at a comparatively higher rate than the rate at which the plaintiff is selling tea and it was prayed that the suit may be dismissed.;