MAYIL TRADERS Vs. THIYAGARAJAN

JUDGEMENT

(1.) THIS appeal by the plaintiff is directed against the Judgment and decree dated 26.08.2003 and made in O.S.No.207 of 1994 on the file of the learned Additional District and Sessions Judge, Salem.

(2.) THE legal status of the parties to the suit need not be changed and it may be continued in this appeal as it is in the suit.

(3.) THE plaintiff came to know that the defendant has started manufacturing cigars under the name of "RAGAM" "TAMIL" and doing business under the name and style of "KUDIL TRADERS". It can easily be inferred at a glance of the labels of the plaintiff and the defendant, that the Tamil words "RATHAM' " TAMIL "and "RAGAM" "TAMIL" are deceptively similar. THE get up of this label is exactly similar to the label of the plaintiff.