REGAL JEWELLERS Vs. FARIS RAHMAN

JUDGEMENT

(1.) The interlocutory application for injunction in a suit alleging infringement of trade mark and passing off, was dismissed by the trial court. The plaintiff-petitioner is in appeal.

(2.) Plaintiff is the proprietor of the registered trade mark "REGAL". The plaintiff is engaged in the business of jewellery. The plaintiff markets products also under the sub brands "PAITHRIKA, REGALIA, MY DIAMOND" with primary brand "REGAL". Recently the defendant has been making preparations to start a jewellery outlet in the name and style "REGALIA GOLD AND DIAMONDS". Thereupon the plaintiff has filed the suit alleging infringement of his trade mark "REGAL" and also alleging passing off, under the trade name "REGALIA". Along with the suit the plaintiff filed IA 3/22 for a temporary injunction to restrain the defendant from using the trade mark "REGAL" or "REGALIA".

(3.) The respondent contended that the trade mark of the plaintiff-petitioner and the respondent are different and are not similar. The respondent had been doing business in jewellery since the year 2019. It was also contended that the plaintiff-petitioner had not used the trade mark "REGALIA" prior to filing of the suit.