LAWS(DLH)-2005-9-126

PARA TRADERS Vs. RAJASTHAN COPY MANUFACTURES

Decided On September 01, 2005
PARAS TRADERS Appellant
V/S
RAJASTHAN COPY MANUFACTURERS' ASSOCIATION Respondents

JUDGEMENT

(1.) Aggrieved by the order passed by the learned Single Judge of this Court, this appeal has been preferred.

(2.) The dispute is with relation to trademark CHETAK and label CHETAK which according to the appellant, he is the registered owner of the trade mark CHETAK in respect of its office files, exercise books and mathematical instruments vide certificate granted on 27th July, 1976.

(3.) The Registrar of Copyrights has also registered the label CHETAK vide registration No. A-15872/76. However, in view of certain documents, the learned Single Judge came to the conclusion that the respondent or its predecessor were prior user of the trademark of word CHETAK and thus declined injunction. The impugned order is of 27th November, 1995.