EMAMI LIMITED Vs. TRIMURTI TEXTILE INDUSTRIES AND OTHERS

JUDGEMENT

(1.) There shall be an order in terms of prayer (a) of the application.

(2.) This is an application for stay of the operation of the order dated 18th January, 2012 passed by the learned Trial Judge in G.A. 3529 of 2011 (C.S. No.516). While hearing this application, we propose to dispose of the appeal itself treating the same as on the day's list.

(3.) The appellant is a company carrying on business under the name and style of Emami Limited and they have been selling their goods under the trade mark 'EMAMI' written in a stylized fashion. The appellant enjoys exclusive proprietory right over the said registered trade mark. The appellant's further case is that after having come to know that the respondents had also been using an identical trade mark with a similar stylized representation of the same, they filed a suit being C.S.No.516 of 2001 before this Court, inter alia, for a decree of perpetual injunction restraining the respondents herein, their men, agents etc. from infringing the registered trade mark of the appellant 'Emami' and also for a decree of perpetual injunction from passing off their trade mark and got to be associated by using the same and for other ancillary reliefs.