JAWAHAR LAL Vs. BHARAT TOBACCO MANUFACTURING COMPANY

JUDGEMENT

(1.) Temporary injunctions have been issued against the appellants in Suit No. 964/83, pending on the Original Side of this Court. The Suit in question can be described as a passing-off action based on the alleged infringement of the plaintiff's trade mark and the use of certain labels by the defendants. The appeal was admitted by us on 21st September, 1983, and stay of the injunctions in question was also granted. At the hearing of the stay matter after notice, we came to the conclusion that the interim order and the final order bad to be the same) so we directed the appeal itself to be heard.

(2.) We have now heard learned counsel for the parties. The matter is a comparatively small one. The plaintiffs and the second defendant were carrying on business in the name and style of M/S. Chanan Dass Gobind Lal/Bharat Tobacco Manufacturing Company, Weavers Colony, Panipat. One of the products being manufactured in partnership was Bharat Scented Khaini, which we are told is a compound of tobacco with certain other ingredients. The name of the firm M/S. Bharat Tobacco Manufacturing Company together with a trade-mark consisting in a photograph of Shri Gobind Lal, defendent No. 2 aad the name Bharat Scented Khaini appeared on the tin. There was a deed of dissolution on 31st March, 1979, one of the terms of which was that the plaintiffs would have the absolute right to use the trade-mark containing snap of Shri Gobind Lal with the words 'Bharat Scented Khaini Banga Khushbudar Tobacco manufactured by Bharat Tobacco Manufacturing Co. Panipat'. Thus, it came about that the plaintiffs were using 'Bharat Scented Khaini and the photograph of defandant No. 2'.

(3.) The subject-matter of the suit is the fact that the defendants and particularly Shri Jawahar Lal who is the son of Shri Gobind Lal) started the business of 'Nav Bharat Tobacco Manufacturing Company' and started selling 'Nav Bharat Scented Khaini' with a photograph of Shri Gobind Lal. In appearance, the two tins are practically similar and this is the reason principally which has led to the grant of the interim injunction.