AMIR CHAND OM PARKASH Vs. RAJNI INDUSTRIES

JUDGEMENT

(1.) The challenge by means of this first appeal is to the impugned order dated 11.1.2011 passed by the trial Court dismissing the injunction application of the Appellant/Plaintiff filed in a suit for injunction against violation of a registered trademark device.

(2.) The facts of the case are that the Appellant/Plaintiff claims to be the registered proprietor of the device which includes the picture of Lord Hanuman and also uses the word "MAHABIR". The suit was filed in the infringement of the registered trademark as also for passing off. The Appellant/Plaintiff is in the business of selling Dhoopbatti, Agarbatti and Hawan Samagri. The Respondent/Defendant was using its unregistered trademark "SHRI PANCH MUKHI HUNUMAN". The Defendant/Respondent even before filing of the suit had stopped using the picture of Lord Hanuman and was, in fact, using the picture of a mace.

(3.) The trial Court has dismissed the injunction application by making the following observations: