REGENT COMPUTRONICS PVT. LTD.

BALA ARICHANDRA TEX Appellant

V/S

BHARAT ARICHANDRA TEX Respondents

Referred Judgements :-

NORTH CHESHIRE AND MANCHESTER BREWERY CO. LTD V. THE MANCHESTER BREWERY CO. LTD [REFERRED TO]
DELHI M/S.K.B.HIRALAL AND SONS V. M/S.KUMAR INDUSTRIES AND ANR [REFERRED TO]
COMPETITION REVIEW P LTD. V. N.N.OJHA [REFERRED TO]
SHANMUGAVEL V. ASSOCIATED PUBLISHERS MADRAS LTD. ETC [REFERRED TO]
HARRODS LIMITED V. HARRODIAN SCHOOL LIMITED [REFERRED TO]
RECKITT AND COLMAN PRODUCTS LTD. V. BORDEN INC. AND ORS [REFERRED TO]
AMRITDHARA PHARMACY V. SATYADEO GUPTA [REFERRED TO]
VIJAY KUMAR AHUJA V. LALITA AHUJA [REFERRED TO]
ROCHEM SEPARATION SYSTEMS (I) PVT.LTD. V. TAS ENGINEERING CO.PVT.LTD [REFERRED TO]
A.G.S.L.ASSURANCE CO. LTD. V. N.A.INSURANCE CO [REFERRED TO]
KAVIRAJ PANDIT DURGA DUTT SHARMA IN BOTH THE APPEALS VS. NAVARATNA PHARMACEUTICAL LABORATORIES IN BOTH THE APPEALS [REFERRED TO]
K R CHINNA KRISHNA CHETTIAR VS. AMBAL AND CO MADRAS [REFERRED TO]
RUSTON AND HORNSBY LIMITED VS. ZAMINDARA ENGINEERING CO [REFERRED TO]
PARLE PRODUCTS PRIVATE LIMITED VS. J P AND CO MYSORE [REFERRED TO]
SHAM LAL VS. INTERADS ADVERTISING PRIVATE LIMITED [REFERRED TO]
KALA NIKETAN KAROL BAGH N DELHI VS. KALA NIKETAN G 10 BASEMENT SOUTH EXT MARKET I N DELHI [REFERRED TO]
SURYA AGRO OILS LTD VS. SURYA COCONUT OIL INDUSTRIES [REFERRED TO]
TEJU SINGH VS. SHANTA DEVI [REFERRED TO]
ANDHRA PERFUMERY WORKS JOINT FAMILY CONCERNS VS. KARUPAKULA SURYANARAYANIAH [REFERRED TO]
K R CHINNIKRISHNA CHETTY VS. K VENKATESA MUDALIAR [REFERRED TO]
KALI AERATED WATER WORKS TIRUCHIRAPALLI VS. RASHID [REFERRED TO]
A C KRISHNAN VS. NAMBISANS DAIRY PVT LTD [REFERRED TO]

JUDGEMENT

(1.) M/s. Bala Arichandra Tex , appellants herein, are the defendants in O. S. No. 2 of 2001 on the file of Principal District Judge, Pondicherry . M/s. Bharat Arichandra Tex , respondent herein, is the plaintiff in the said suit, which was filed for a permanent injunction, restraining the defendants from using the name 'arichandra'. The suit was decreed in favour of the plaintiff. Hence, this first appeal by the defendants.

(2.) FOR convenience, we refer the parties, as arrayed in the suit.

(3.) FOLLOWING are the issues, framed by the trial Court: (1) Whether the plaintiff is the proprietrix of the trademark'arichandra? (2) Whether this Court has jurisdiction to try the suit? (3) Whether the defendant is using the trade mark of the plaintiff? (4) Whether the plaintiff is entitled for permanent injunction, restraining the defendant from using the name'arichandra', prefixing'bala'and suffixing Tex? (5) Whether the plaintiff is entitled for the relief of mandatory injunction, as prayed for? (6) To what relief, the plaintiff is entitled?

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BALA ARICHANDRA TEX Vs. BHARAT ARICHANDRA TEX

Referred Judgements :-

JUDGEMENT

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