HYBO HINDUSTHAN Vs. SETHIA HOSIERY MILLS

JUDGEMENT

(1.) Plaintiff being a registered holder of the trade mark "VIP" has brought this action against the defendant for infringement of trade mark and copyright belonging to the plaintiff and for other reliefs. An interim application has been made by the plaintiff, inter alia, praying for injunction restraining the respondent from using the mark "VIP" in relation to any hosiery products or readymade garments similar to the mark of the petitioner as also for other consequential relief. On the said application being moved on 29th October, 1999 an ad interim order of injunction was passed restraining the respondent from using the trade mark herein. The said interim order is still continuing. Now the matter has come up for final hearing before me.

(2.) Mr. Sudipta Sarkar, learned counsel appearing for the plaintiff/petitioner submits that since he is the holder of the registered trade mark under the Trade and Merchandise Marks Act, 1958 as well as under the Copyright Act the plaintiff is entitled to use the said mark "VIP" in any of its products and none others are entitled to use the same. Mr. Sarkar has prayed for continuation of the ad interim order passed on 29th October, 1999 till the disposal of the suit.

(3.) Mr. Bhaskar Sen, learned counsel appearing for the defendant has contended that the application of the plaintiff/petitioner is liable to be dismissed on the following grounds :