PANDIT KULFI AND CAFE Vs. PANDIT KULFI

JUDGEMENT

(1.) With the consent of the learned counsels for the parties, the appeal is being decided finally at the admission stage.

(2.) The present appeal has been filed by the appellant-plaintiff under Order XLIII Rule 1 (r) CPC, challenging the order dated 21.05.2015 passed by the Additional District Judge No.17, Jaipur City, Jaipur (hereinafter referred to as "the trial court") in Civil Misc. Application No.9/2015, whereby the trial court has rejected the said application seeking temporary injunction against the respondent-defendant from using the mark "PANDIT" for his business of Kulfi, Ice creams and other milk products.

(3.) The appellant-plaintiff claiming to be the registered proprietor of the trademark "PANDIT" in respect of manufacturing and marketing Kulfi, Ice creams and other milk products, has filed the suit seeking permanent injunction against the respondent-defendant alleging interalia that the defendant had adopted deceptively similar trademark of "PANDIT KULFI" for carrying on his business of Kulfi, ice cream and other milk products, and therefore had committed infringement of the registered trademark of the plaintiff. The appellant-plaintiff had also filed the application seeking temporary injunction, which has been dismissed by the trial court vide the impugned order.