ABDUL SATTAR MOHMED HUSSEIN Vs. BADRINARAYAN BANSILAL

JUDGEMENT

(1.) THIS is an appeal with leave of this Court by the complainant, who alleged that the respondents were responsible for counterfeiting his trade mark in respect of bidis and selling them under the same.

(2.) THE complainant is a Depot Manager of Munshibai Bidi Works doing their business at Poona, the proprietor being Abdul Hafeezhjan Abdul Azizkhan. Munshibhai Bidi Works have been using labels on the bidis with the portrait of the proprietor since the year 1932. Upto 1932 substantially the label was the same as is now being used but in the portrait there was a very small difference. After 1932 the same label is used and is produced at Ex. 12.

(3.) IT is alleged that the father of the accused, one Taranalal, started Chandrakant Special Munshi Bidi Works in about 1935-36, but, according to the complainant in 1936 Ratanlal came out with a label in some manner similar to that of Munshibhai Bidi Works Poona but it failed on the ground of limitation since the complaint was made afterone year of the discovery of the offence. That made the accused jubilant and they advertised their goods in a way the show that they were manufacturing bidis in Poona.