MOHAMMAD IQBAL Vs. MOHAMMAD WASIM

JUDGEMENT

(1.) This appeal is directed against the order D/- 9-5-2001 in Civil Suit No. 6-A/2001 by First Additional District Judge, Bhopal, allowing the plaintiffs/respondents' application under O. 39, Rr. 1 and 2 of C. P. C. for temporary injunction, restraining the defendants/appellants from using design of label marked as Ex.P-1/B by the trial Court or any other label of similar design, to the trade mark got registered by the plaintiffs under registration No. 469805.

(2.) It is not in dispute that, initially the appellant No. 1 as well as respondents and their predecessors were partners of the firm known as "M/s. Kale Khan Mohd. Haneef", which carried on the business of manufacture and sale of 'Bidis'. Subsequently, appellant No. 1 was removed from the said partnership and started his own business of manufacturing and selling of 'Bidis'. Presently the respondents Nos. 2 to 11 are the partners of respondent No. 12 firm "M/s. Kale Khan Mohd. Haneef". It is also not in dispute that the plaintiffs/respondents have got registered trade mark placed on record of this appeal as label Annexure O-1, under registration No. 469805, as ordered by Registrar of Trade Marks, Bombay. The defendants/appellants have filed an appeal before the Bombay High Court, against the aforesaid order of the Registrar. The said appeal is pending. Another trade mark was also got registered in the name of said partnership "Kale Khan Mohd. Haneef" under registration No. 199399. It appears that some other trade marks were also got registered by the original firm. Parties are involved in litigations involving their right to use the said trade marks.

(3.) The plaintiffs/respondents brought the present suit complaining infringement of their registered trade mark Annexure O?1, registered under registration No. 469805. The aforesaid complaint was on account of user by defendants/appellants of trade mark, which was marked by the trial Court as label Ex. P-1/B and placed in the record of this appeal as label Annexure O-5.