VED PRAKASH Vs. SAMIR KUMAR

JUDGEMENT

(1.) I have heard the arguments in this application which seeks interim injunction against the defendants till the disposal of the suit.

(2.) The case set up by the plaintiff, in brief, is that he is trading under the name and style of 'Corporate Management and Computer Systems' (for short 'CMOS') since July 1984 and this mark CMCS has become very well known in the field of computer training as computer training being imparted by the plaintiff. It is averred that the plaintiff has built up a reputation under the said trade mark and has given wide publicity to this mark of the plaintiff and the plaintiff has achieved a lot of success in his business and if anyone else is allowed to use this trade mark it would result in S.No-1560/93 in confusion and would amount to deception. According to the plaintiff, defendants 1 & 2 are ex-employees of the plaintiff and since May 1992 they have started using the same trade mark as of the plaintiff with a view to take advantage of the reputation built by the plaintiff in this field of computer training.

(3.) The defendants have contested the suit and have pleaded that the plaintiff is not the proprietor of the trade mark 'CMCS' and in fact, this trade mark belongs to some other person and the plaintiff has pirated this trade mark.