ROBIN SEBASTIAN Vs. SHYJUMON JOSEPH

JUDGEMENT

(1.) F.A.O. No.96 of 2023 is filed by the petitioners against the order dtd. 31/7/2023 in I.A. No.2 of 2023 in O.S. No.1 of 2023 on the files of Additional District Judge - IV, Thalassery. F.A.O. No.102 of 2023 is filed by the defendants in the above said suit. I.A. No.2 of 2023 was filed by the plaintiffs in the suit seeking an interim injunction restraining the respondent or any associated person using the impugned trade mark "SJ Buildware", which is deceptively similar to the petitioners' mark.

(2.) The plaintiffs filed O.S. No.1 of 2023 for a declaration that the first plaintiff is the registered proprietor of the trademark "C J Buildware" and that the 1st plaintiff has the exclusive right to use the said mark in relation to the business of retail showrooms for the distribution of tiles, sanitary wares, paints, electrical and plumbing materials, natural stone, and building materials and other classes of good. A prohibitory injunction is also sought restraining the defendants by themselves as also through their partners, agents, representatives, distributors, assigns, heirs, successors, and all others acting for and on their behalf from using, selling, soliciting, exporting, displaying, advertising or by any other mode or manner dealing in or using the impugned trademark "S J Buildware" and logos or any other word/ mark/ label/ packaging which may be identical with and /or deceptively similar to the first plaintiff's trade mark "CJ Buildware" in relation to the said business.

(3.) Brief facts necessary for the disposal of the appeals are as follows: