SUNIL MITTAL Vs. ANUP GUPTA

JUDGEMENT

(1.) The plaintiffs have sued the two defendants namely (i) Anup Gupta; and, (ii) M/s. DA'DARZEE inter alia for permanent injunction to restrain the defendants from infringing the trade mark THE DARZI of the plaintiff and from passing off their tailoring services and tailored goods as that of the plaintiffs by using the word DA'DARZEE.

(2.) As per the case of the plaintiffs, the mark of the defendants is DZINES AUF' DARZEE (DA'DARZEE). No injunction restraining the defendants from using the said mark has been claimed.

(3.) I have enquired from the counsel for the plaintiffs, whether the plaintiffs have no objection to the defendants' using the mark DZINES AUF' DARZEE (DA'DARZEE), registration whereof has also been applied for by the defendants.