SURAJ AGENCIES Vs. SOUTHERN INDIA TRADING AGENCY INDIA

JUDGEMENT

(1.) PETITION under Sec. 151, C. P. C, praying for permission to the appellant to use the label as they have been using all along, along with the word ' ' Suraj' ' printed in size similar to the size of the word ' ' Regal' '.

(2.) THE petitioner's case is briefly as follows: THE suit was filed on the basis that defendants have committed passing off with respect of their products. THE main grievance of the plaintiff is that the defendants have used the word mark ' ' Regal' ' which phonetically is similar to ' ' Regaur the word mark used by the plaintiffs. Excepting the two words, the rest of the label of the two parties are totally different from each other. It would be impossible to mistake one for the other. THE learned trial Court states that most of the buyers are illiterates and they are likely to be deceived into accepting "regal" products for the product named "regaul". THEy will be entirely guided by visual impression made by the label. In the present case, the colour scheme, the arrangement of letters, and lay out are totally different from each other. THE injunction by the trial court is causing irreparable injury to the defendants. Hence the petition.

(3.) CONSIDERING the facts and circumstances of the case, inasmuch as there has been no stay of the order of the court below and inasmuch as the label now sought to be used in substantially the same and in view of the reasons which I have stated above, I am clear that permission sought for cannot be granted and this petition shall stand dismissed. .