P BARICK Vs. SPENCERS AND COMPANY LIMITED

JUDGEMENT

(1.) THE above O.S.A. No. 60/91 is directed against the Judgment and Decree dated 5.3.1990 of the learned Single Judge made in C.S. No. 649 of 1990. THE appellants herein are defendants in the Suit filed by the respondents/plaintiff herein. For the purpose of convenience, the parties are described as per their rank in the appeal.

(2.) THE respondent/plaintiff filed C.S. No. 649/90 for a Judgment and Decree viz.,

(3.) THE plaintiffs further allege that in or about 9th October 1978, it came to their notice that the second defendant Bijoli Grill Spencer's Products were being sold and marketed under the trade mark called Spencer's which was identical with the plaintiff's trade mark Nos. 204176 and 293433. That apart, the second defendant advertised in the "Statesman" on 9.10.1978 offending the trade mark of the Plaintiff, viz. Spencer's with regard to aerated waters namely "Spencer's Ice Cream Soda".