ORNATE JAWELS Vs. WOW OVERSEAS PVT. LTD.

JUDGEMENT

(1.) Appellant-plaintiff has preferred this Civil Misc. Appeal under Sec. 104 read with Order 43 Rule 1(r) CPC challenging the order dtd. 20/3/2021. passed by the Additional District Judge No. 3, Jaipur Metropolitan-1, Jaipur, dismissing the application for temporary injunction filed by the plaintiff as well as counter application for temporary injunction filed by the respondent-defendant vide common order.

(2.) Heard learned counsel for both parties and perused the material available on record.

(3.) It appears from the record that the appellant plaintiff is in use of a trademark "ORNATE JEWELS" in respect of bold, Diamond, Precious and Semi Precious Jewelry and got this trademark with logo registered in Class 35 before the Registrar of Trademark on 11/9/2020. The plaintiff claims the use of this trademark since 1/2/2012. The respondent-defendant is also using the trademark "ORNATE JEWELS" but with a altogether different logo in the same field and the trademark of respondent-defendant is also registered before the Registrar of Trademark since 10/5/2016, in Class 14. Both the parties having their trademark and logo registered claimed temporary injunction against each other for not to use the trademark "ORNATE JEWELS" during the course of the suit, claiming to be inventor and prior user of the trademark. It is not in dispute that both trademark are registered in different class and have different logo.