MUMTAZ AHMED Vs. PAKEZA CHEMICALS

JUDGEMENT

(1.) These First Appeals From Order have been preferred against the order dated 8-5-2002, passed by Additional District Judge, Court No. 5, Ballia in Original Suit No. 1 of 2002, allowing the application of the plaintiff/respondent and issuing ad interim injunction restraining the appellant from using trade mark "Pakeeza" on the product of indigo.

(2.) Respondent No. 1, hereinafter called the plaintiff filed suit No. 1 of 2002 against the appellants and respondents Nos. 2 to 4 hereinafter called the defendants, for permanent injunction, restraining them from using trade mark "Pakeeza" on their product of indigo with the allegations that it was doing business of indigo by producing ultra mine blue indigo and was using trade mark "Pakeeza Ultra Mine Blue" which it got registered under Copyright Act under registration No, A57022/1999, dated 3-11-1999 and was using the said trade mark since June, 1993. In the last week of August, 2001 the plaintiff came across the infringing of its good bearing identical trade mark "Pakeeza" introduced by the defendants having the same get up, colour, scheme and design of the level as that of the plaintiffs. The label on the bottles adopted and used by the defendants was almost identical or deceptively similar with the label of the plaintiff. Consequently, the purchasers and Intending purchasers would be deceived and defendants goods were likely to be passed off as goods of plaintiff. The defendants were thus making Illegal profits. The plaintiff being registered copy right owner of trade mark "Pakeeza" had a facie title, balance of convenience was in its favour and it would suffer irreparable Injury in case the defendants were not restrained from using plaintiffs trade mark.

(3.) The plaintiff moved an application for using of ad interim injunction on the grounds mentioned above.