JAIN SHIKANJI PRIVATE LIMITED Vs. SATISH KUMAR JAIN

JUDGEMENT

(1.) The three elements essential for adjudication of trade mark disputes, like the present one, involve "Name" (Jain), "Work" (Shikanji) and "Identity" (Jain Shikanji).

(2.) Present dispute is inter-se "Jain" family members, who amongst other products, deal in Shikanji under the name and style of Jain Shikanji. By virtue of the present appeal, appellant belonging to one "Jain" family member is calling upon this Court to adjudicate upon the legality of the impugned order whereby it has been restrained from using the trade mark Jain Shikanji of respondent, the other "Jain" family member. The details thereof are elucidated hereinunder.

(3.) Appellant (original defendant) by this appeal seeks to impugn order dtd. 5/11/2022 passed by the learned Trial Court whereby an application under Order XXXIX rules 1 and 2 of The Code of Civil Procedure, 1908 [Henceforth referred as "CPC"] of the respondent (original plaintiff) has been allowed in his favour and the appellant along with other persons claiming through it have been restrained from selling, offering for sale any goods, advertising or promoting any product under the trade mark Jain Shikanji/ Jain Shikanji Restaurant or any other trade mark similar or deceptively similar to the trade mark of the respondent namely Jain Shikanji till the disposal of the said suit.