JSR ENTERPRISES Vs. GROVERSONS

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment of the Trial Court dated 31.8.2010 decreeing the suit of the respondent/plaintiff against the appellant/defendant as per the following operative part of the judgment:-

(2.) The limited issue in the present matter can be better understood when we take a look at the logos and the two packagings of the respective parties. The parties are selling ladies garments and undergarments. The scanned copies of the two sides of the packagings, also containing the trademarks with logos, of the appellant/defendant and the respondent/plaintiff are as under:-

(3.) Before I go into the issue of the comparison of the packagings, it is relevant to note that there is no dispute that both the parties were once carrying on business together and both the parties admit that both of them can use the trade mark "Paris Beauty" with respect to the products in question.