ABOOBACKER Vs. PRABHAKARAN

JUDGEMENT

(1.) PLAINTIFF in a suit for a perpetual injunction to restrain the Defendant, Respondent herein, his agents, etc., from using the words "Aysha Beedies" or words to the above effect or labels containing the said words or words to that effect as descriptive of in connection with the manufacture and sale or distribution of beedies is the Appellant. His suit was dismissed by the Additional District Judge of Ernakulam by Judgment dated 24th February 1972 and hence he has come up in appeal.

(2.) THE Appellant is a beedi manufacturer having his place of business at Hosdurg, Kanhangad. He manufactures beedies which are sold and distributed in the name "Aisha Beedies". The Defendant is also a beedi manufacturer having his place of business at Ernakulam conducting business in the trade name "Aysha Beedies". The phonetic similitude in the two names "Aisha" and "Aysha" spelt differently has resulted in this suit.

(3.) IN his written statement the Defendant pointed out that from 1961 onwards he was manufacturing, selling and distributing beedies in the trade name "Aysha Beedies" without any protest from any quarter. In 1961 itself he had applied for registration of his trademark; but he got it registered only on 23rd January 1967 which was with effect from 17th February 1965, for a period of seven years. The certificate of registration together with the true representation of the trademark had been produced in the case marked as Ext. D -28.