RAJ KUMAR SHARMA Vs. SANDEEP KUMAR

JUDGEMENT

(1.) The petitioner, in this petition preferred under Sec. 57[57. Power to cancel or vary registration and to rectify the register. -

(2.) Mr. Nikhil Sonker, learned Counsel for the petitioner, submitted that the petitioner was contesting the right of Respondent 1 to use the "PIZZA GALLERIA" mark in the city of Rewari. The challenge in this appeal is, therefore, restricted to said use. The petitioner does not begrudge the respondent the right to use the "PIZZA GALLERIA" in any other part of the country.

(3.) Interestingly, the petitioner and Respondent 1 are both running eating outlets under the name "PIZZA GALLERIA". The petitioner"s outlets are situated in Rewari, whereas Respondent 1"s outlets are situated outside Rewari. In these circumstances, quite frankly, I am unable to understand why this Court should even trouble itself with deciding this dispute, as the petitioner has no objection to the Respondent 1 using the "PIZZA GALLERIA" mark outside Rewari. However, Ms. Sachdeva, learned Counsel for Respondent 1 submits that her client is unwilling to surrender the Rewari market. She also submits that, on an earlier occasion, this issue had arisen, but that her client was not agreeable to a disclaimer restricting the use, by it, of the