S.GOPI Vs. SRI JAI SAI ENTERPRISES

JUDGEMENT

(1.) The plaintiff is carrying on established business of sale of Agarbathies (Incense sticks), Dhoop Sticks, Sambrani Sticks, Dasangam Powder, Dasangam Sticks, Sambrani bathies etc., for several years with the trade mark "GAYATHRI" together with the device of Goddess Gayathri. As the defendant has infringed the registered Trade Mark of the plaintiff, the present Civil Suit has been filed for the following relief: -

(2.) Though at the stage of granting interim order, the defendant had appeared before this Court, later, the defendant remained exparte. The plaintiff had filed his proof affidavit marking Exs.P1 to P4.

(3.) The only question that has to be considered in the suit is whether the defendant has infringed the trade mark of the plaintiff and whether the plaintiff is entitled to the decree as prayed for.