MATALAXMI POLYSPOT Vs. MAHALAXMI POLYCOT

JUDGEMENT

(1.) This appeal is filed against the order dtd. 24/11/2023 passed by Additional District and Sessions Judge, Jaipur Metropolitan-II granting interim injunction to the respondent.

(2.) The brief facts are that the respondent filed a suit for restraining the appellant from using the trade mark, label and logo. Both the parties are engaged in business of textile. The respondent got registered trademark, logo with picture of Devi Lakshmi having the registration No.A-122729/2018 with the name Mahalaxmi Polycot (India). The appellant got registered trademark with the name Matalaxmi Polyspot (India). It was pleaded by the respondent that the logo and name had similarity of special features, colours and both are being used for textile items and dress materials. An application under Order 39 Rule 1 and 2 CPC was filed. The Civil Court after hearing both the parties and perusing the material available on record granted temporary injunction in favour of the respondent restraining the appellant from using the trademark, logo and label of respondent.

(3.) Learned counsel for the appellant submits that till date there is no complaint made by any of the customers of having been mislead by the similarity. The contention is that spelling of Matalaxmi Polyspot and Mahalaxmi Polycot are different.