BHARAT N PARIKH Vs. ASHOK TRIPATHY

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant as well as the respondent. By consent of the counsels appearing for the appellant as well as the respondent, both appeals have been taken up together for hearing and a common judgment is passed.

(2.) The appellant in the present appeals is the defendant in the suit C.S.No.550 of 2005. The respondent herein, who is the plaintiff in C.S.No.550 of 2005, had filed the suit praying for a judgement and decree in his favour granting:-

(3.) The case of the plaintiff in C.S.No. 550 of 2005 is that he is engaged in the business of manufacturing and selling of earthing electrodes and has been carrying on the business for a long time. In the course of the said business, the plaintiff and honestly conceived and adopted the trade mark "S.E.E." ever since 23.09.1999 for the earthing electrodes manufactured by him. The plaintiff has been regularly and in the course of the trade using a distinctive trademark "S.E.E." for the earthing electrodes manufactured by him. He had applied for registration of the said trademark under the Trade Marks Act, 1999, and it is pending registration.