OMPRAKASH VED PRAKASH Vs. DAYALAL MEGHJI & CO

JUDGEMENT

(1.) THIS miscellaneous appeal is directed against order dated 17th January, 1995 in Civil Suit No. 65 A/1994 whereby application of the plaintiff respondent under Order 39 Rules 1 & 2, CPC for grant of temporary injunction was allowed.

(2.) THE plaintiff is the manufacturer of "Badshaji Farmash Special Bidi No. 345". It sells bidis in Kattas and Pudas carrying distinct labels. The plaintiff firm has got its trade mark registered under the Trade and Merchandise Marks Act, 1958. The appellants defendants also are manufacturers of bidis. They started selling their bidis under the trade name 'Pooran Farmaish Special Bidi No. 645'.

(3.) THE learned lower Court, after comparing the labels, wrappers, etc. of the bidis sold by the plaintiff respondent under its registered trade mark found that the same has been copied by the defendants appellants. Accordingly, the application of the plaintiff respondent for temporary injunction was allowed and the appellants defendants were restrained from selling the bidis under the labels and wrappers which were, prima facie, held to be deceptively similar to those used by the plaintiff respondent.