S PADMARAJ Vs. K RAJENDRAN

JUDGEMENT

(1.) S. Padmaraj, the appellant herein filed a Trade Mark O.P. for permanent injunction restraining the respondent/defendant and his men from passing off his inferior quality of rice under the trade mark "Seven Star Brand". Pending the O.P., he filed an application in I.A. No. 124 of 2001 for granting interim injunction. Though the same was originally granted, it was vacated subsequently on the application filed by the respondent. Aggrieved by the said order dated 11.3.2002, the petitioner/appellant has filed this appeal.

(2.) According to the petitioner/plaintiff/appellant, he is the proprietor of the trade mark "Seven Star Brand" in respect of rice, dealing in the sale of rice from 1990. He invested huge sum and established the fact that his rice is of superior quality. He applied for registration of the above said trade mark with the Government of India and the same is pending. Knowing fully well, the defendant/respondent applied for registration of his very same trade mark and started selling his inferior quality of rice under the trade mark "Seven Star Brand". He sent desist notice and received reply with false contentions. Hence, the plaintiff/appellant was obliged to file the O.P. for permanent injunction.

(3.) It is the case of the defendant/respondent that the appellant and the respondent were originally partners in selling rice. The respondent owns a rice mill called "Dinesh Babu Modern Rice Mill" in Arni. In 1999, the partnership business came to an end. Therefore, the respondent started a partnership firm and registered it as "Seven Star Brand". The appellant started another partnership firm in the name of "Seven Star". The respondent is able to invest large money under the brand name of "Seven Star Brand" and selling superior quality of rice. Out of jealousy, the appellant has now filed the suit for an action for passing off on false grounds.