NARESH KUMAR GUPTA Vs. RAJ DUA

JUDGEMENT

(1.) No one has put in appearance on behalf of the defendant though the matter was passed over once. Mr. Bansal, learned Counsel for the plaintiff submits that after the filing of the present suit, the trademark of the plaintiff namely "Sangam" has been registered vide registration No. 876426 and a certificate of registration was issued on 22.12.2003. The factum of registration of the trademark stands already incorporated in the suit. Defendant has not cared to file any amended/additional written statement. Mr. Bansal, has made a vehement plea for grant of an ad interim injunction in terms of the prayer and has sought support from a recent Supreme Court decision in the case of Midas Hygien Industries P. Ltd. &Anr. v. Sudhir Bhatia & Ors., II (2004) SLT 627-2004 (28) PTC 121 (SC).

(2.) On a consideration of the averments and allegations made in the plaint, the material obtaining on record and having heard the learned Counsel for the plaintiff, this Court is satisfied that the plaintiff is a registered owner of the trademark "Sangam" in respect of agarbati and, therefore, the defendant is not entitled to use the same or deceptively similar mark in respect of his dhoop, agarbati and other allied, cognate and related goods.

(3.) The application is accordingly allowed and an ad interim injunction is granted in favour of the plaintiff against the defendants restraining the defendants, their servants, agents, representatives, dealers and all other acting for and on behalf of defendants from manufacturing, selling, offering for sale, advertising or displaying directly or indirectly, dealing in dhoop and agarbati and other allied, cognate and related goods under the trademark "Sangam" or any other trademark identical with or deceptively similar to the plaintiff's trademark "Sangam" till the disposal of the suit. The application stands disposed of accordingly. CSfOS) No. 2242/2000: List the matter before the Joint Registrar on 21st February, 2005, for completion of pleadings and admission/denial of documents. Application allowed.