J.R. KAPOOR Vs. MICRONIX INDIA

JUDGEMENT

(1.) THIS appeal is directed against an interim order of the High Court by which the appellant is injuncted from using the trade mark 'MICROTEL, the logo 'M' and the carton for manufacturing and selling his products which consist of electrical and electronic apparatus, instruments, TV boosters and TV tuners.

(2.) WE have heard the learned counsel on both sides. We also examined the trade marks and logos as well as the cartons used by both the parties for selling their respective products. We also examined the relevant authorities on the subject, cited by the learned counsel.

(3.) THE respondent -plaintiff thereafter filed the present suit and sought for injunction against the use of the trade name 'MICROTEL', the logo 'M' and the packaging carton. The learned Single Judge granted the injunction and the Division Bench dismissed summarily the appeal filed against -the same. Hence the present appeal by special leave.