SANJAY KUMAR ALIAS MALLU Vs. MANOJ KUMAR SAHU

JUDGEMENT

(1.) THIS appeal has been preferred by the defendant-appellant Sanjai Kumar alias Mallu against the order dated 10. 9. 2007 passed by Shri P. N. Tripathi, Civil Judge (Senior Division), Banda in original Suit No. 215 of 2007 by which the ad-interim injunction application 6ga2 moved by the plaintiff-respondent has been allowed and the appellant has been restrained from manufacturing and selling 'deshi Gutkha' in the packing similarly to the packing of the plaintiff.

(2.) WE have heard Shri Pankaj Bhatia, learned Counsel for the appellant and Shri Ravi Kant, Senior Advocate, assisted by Shri Pankaj Shukla for the respondents.

(3.) IT appears from the contents of the plaint that the plaintiff-respondent is dealing in Deshi Gutkha from 1999 in the name and style of 'sahu Bharat deshi Gutkha' in district Banda. The Gutkha is sold in the plastic packets. Originally the trade name of the industry of the plaintiff was M/s. Sahu industries, later on it became "prayag Industries" and at present "shri Ganesh traders". The defendant-appellant is also dealing in Gutkha. The defendant has prepared a design of the packing of Gutkha similarly to the design of plaintiff-respondent causing infringement of the plaintiff's trademark. Both the firms are not registered as admitted by the learned Counsels for the parties.