LAWS(DLH)-2012-7-24

MANJU MONGA Vs. MANJU MITTAL

Decided On July 02, 2012
MANJU MONGA Appellant
V/S
MANJU MITTAL Respondents

JUDGEMENT

(1.) By this order, I propose to dispose of the present application bearing I. A. No. 5379/2011 filed under Order XXXIX Rule 1 and 2 read with Section 151 of Code of Civil Procedure, 1908 as well as for infringement of trade mark, passing off and for infringement of Copyright Act, 1963 seeking relief of injunction restraining the defendant from using the mark MANJU in any manner which is amounting to infringement of trade mark, passing off and rendition of accounts.

(2.) Facts as per Plaint

(3.) Grievance against the defendant by the plaintiff is that the defendant is misusing the trademark amounting to unethical trade practice and competition who is using the trade mark without any prior permission/leave and license of the plaintiff and infringing the rights of the plaintiff knowingly and deliberately. Scanned copy/specimen are reproduced herein below: