SANJEEV GOEL Vs. NEELKANTH POLYTECH PVT LTD

JUDGEMENT

(1.) This is an appeal directed against the order dated 31.05.2014, passed by the trial court, on an application moved by the appellant/ plaintiff under Order 39 Rule 1 & 2 of the CPC. The injunction sought was, directed against the respondent/ defendant qua its registered mark METRO TECH. To be noted, the petitioner has a prior registration in the registered labelmark METRO GOLD COIN. The appellant claims to have used its labelmark since, 1997.

(2.) The appellant has filed a suit not only for infringement but also for passing off. The appellant's principal grievance is that the trial court rejected his prayer for injunction by only considering the provisions of Section 28 of the Trademarks Act, 1999.

(3.) The respondent/ defendant, on the other hand, seeks to argue that the impugned order is sustainable, based on observations made therein.