RAMACHANDER LAXMINARAYAN KARVA Vs. JAGANNATH KHUBCHAND KARVA

JUDGEMENT

(1.) The appeals are arising out of the common judgment dated 23.9.1996 in C.S.Nos.975, 984, 985, 1012 and 1000 of 1987 whereunder the suits filed by the appellants herein were dismissed.

(2.) The appellant herein filed the suits C.S.Nos.975, 984 and 985 of 1987 for permanent injunction restraining the respondents herein and their men from infringing the appellant's registered trade mark by the offending mark 'THREE TOPS', 'Double Elephant', and the appellant's trade mark Nos.217448-B, 217450-A by the use of the offending trade mark crescent with star and also for permanent injunction restraining the respondents from passing of their goods viz., Ammonium Chloride salt bars with the offending marks on such goods which are deceptively and confusingly similar to the appellant's trade mark and for a direction to the respondents herein to surrender for destruction the Ammonium Chloride salt bars with the offending marks including the labels, stationery and other printed materials and also for furnishing the accounts of the profit earned by the respondents through the sale of Ammonium Chloride Salt bearing the offending trade marks.

(3.) So far as C.S.1000 and 1012 of 1987 are concerned, the appellant sought for the relief of permanent injunction restraining the respondents from passing off the Ammonium Chloride Salt of the respondents as for the goods of the appellant bearing the appellant's trade mark '5 Deepak' and 'Three kites' by using the offending marks on such goods of the respondents and also for direction to surrender for destruction all Ammonium Chloride Salt Tablets bearing the offending marks with all name plates, dies, labels, stationery and other printed materials containing the offending marks and also for rendering the accounts of the profit earned by the respondents.