UMRANIA BROTHERS Vs. MISTRY LAXMAN DADVA MACHINES

JUDGEMENT

(1.) By way of present Appeal from Order under O.43 R.1(r) of the Code of Civil Procedure, 1908 (for short, the CPC), the appellant - plaintiff challenges the order dated 14/09/2016, passed by the learned Principal District Judge, Surendranagar below exh. 5 in Civil Suit (Trade Mark) No. 3 of 2015, whereby, the learned trial Judge refused to grant interim relief pending suit in favour of the plaintiff.

(2.) Having heard the submissions made at bar and considering the various case laws cited at bar, it is the case of the appellant - plaintiff that it is not necessary for the plaintiff to show that the trademark has been used for considerable long time but a single actual user is sufficient to get the injunction order.

(3.) It is further the case of the appellant - plaintiff that by adopting the mark 'LAXSONS', the appellant has goodwill and reputation in its trading and further the appellant is prior in use. It is the case of the appellant - plaintiff that the respondent - defendant adopted the said mark with a view to pass off the mark which is structurally, phonetically and visually similar to the 'LAXSONS' lable mark of the appellant - plaintiff in respect of suit product for which, the said mark of the plaintiff is prior in use and it is registered proprietor of the said mark.