- (1.) The defendant has come up in appeal against the order of the learned Additional District Judge, Ludhiana dt. Feb. 2, 1989 whereby the application under O.39, Rr.1 and 2, C.P.C. filed by the plaintiff has been allowed and the defendant, his agents, servants, stockists, dealers, representatives and all other persons acting for and on his behalf have been restrained from manufacturing selling, offering for sale or otherwise dealing in deodorants under the trade marks. "Lion Elephant" or "Double Elephant" brands or under any other trade mark identical with or deceptively similar to the trade mark of the plaintiff's "Elephant" brand or doing any such other act amounting to the infringement of the plaintiff's trade mark,
(2.) The respondent (hereinafter referred to as the 'plaintiff') filed a suit against the appellant (hereinafter referred to as the 'defendant') for a permanent injunction restraining the defendant, their servants, agents, stockists, dealers, representatives etc. from manufacturing selling and offering for sale or otherwise dealing in deodorants and disinfectants or other goods of similar descriptions under the trade marks "Lion Elephant" and/or "Double Elephant" brands or under any other trade mark identical with or deceptively similar to the plaintiff's trade mark "Elephant brand", which is registered under No. 335156 under the Trade and Merchandise Marks Act, 1958 (for short, the Act).
(3.) The defendant denied the allegations made in the plaint. He contended that he was using 'Lion Elephant" and 'Double Elephant' as their trade marks for the product deodorants and disinfectants sold by them and the plaintiff was using the trade mark "Elephant" Brand on the deodorants sold by them. Along with the suit, an application under O.39, Rr.1 and 2 read with S.151 of the Civil P.C. was filed by the plaintiff for grant of an ad interim injunction.;