KRBL LTD. Vs. LAL MAHAL LTD. AND ORS.

JUDGEMENT

(1.) The appellant impugns order dated 20.03.2015 whereby the application of the appellant under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure (CPC) has been dismissed.

(2.) The appellant, who is the plaintiff, filed the suit for permanent injunction, restraining, infringement, passing off of the appellant's mark "India Gate" by the respondent (defendant in the suit), who is using the mark "Church Gate". The appellant in the suit claimed a decree of permanent injunction restraining the respondent from using the word/mark/label with the device of "Gate" alleging it to be deceptively similar to the word/mark/label of the appellant's mark "India Gate" or the device of "India Gate" in relation to goods and processing of rice and allied/cognate goods.

(3.) As per the appellant, the predecessor of the appellant M/s Khushi Ram Bihari Lal adopted the mark "India Gate" with the device of "India Gate" and has been exporting rice to foreign countries since 1993 and has built up its reputation and goodwill over the years. The appellant applied for registration of its trade mark/label in class 30 on 19.03.1999 and the application is still pending. Various other applications for registration of the mark have been filed by the appellant. The appellant also claims to be the owner of the original art work of the device "India Gate" and the copyright involved in the same. The appellant claims to have spent a huge amount on the advertisement and, marketing and promotion of its mark "India Gate".