HAJI ABDUL HAMID Vs. RAJA RAM AND OTHERS

JUDGEMENT

(1.) This is an appeal from an order refusing a temporary injunction in a suit for permanent injunction. The plaintiff-appellant is a mutwalli of a waqf-alal-aulad created by one Haji Lal Mohammad who had started the manufacture of Biris under the name and style of Haji Lal Mohammad Biri Works or H.L.M. Biri Works. It was alleged that he has been carrying on this business for a pretty long time and his Biris have acquired a reputation of their own. He has been using a certain kind of wrapper and thin paper pasted on them which were registered under the Trade Marks Act. After the death of Haji Lal Mohammad the present appellant has been acting as mutwalli and carrying on the business.

(2.) The defendants are also manufacturers of Biris and carry on their business also at Allahabad. The plaintiff's case is that the defendants without the knowledge of the plaintiffs got printed labels and pasted on thin papers which were very similar to that of the plaintiff and were likely to deceive a customer and, therefore, a suit for injunction was filed restraining the opposite parties from using that label.

(3.) The defence inter alia was that the defendants were older Biri manufacturers. They had started manufacturing in the year 1919 while the plaintiff had started his business in 1926 and since than they have been using this label. They further contended that this label was not similar in design and was not likely in any way to deceive a purchaser.