ANSHU PAREEK Vs. SANJAY KUMAR PAREEK

JUDGEMENT

(1.) Heard counsel for both parties on civil miscellaneous appeal so also on application under Order 41 Rule 27 CPC filed by appellant and perused the record.

(2.) Appellant-plaintiff has preferred this misc. appeal under Order 43 Rule 1(R) CPC, assailing the order dtd. 24/1/2024 passed by the Additional District Judge No.7, Jaipur Metropolitan II, Jaipur, dismissing her application under Order 39 Rule 1 and 2 CPC.

(3.) Appellant-plaintiff has filed a suit along with an application for temporary injunction under the provisions of Trademarks Act, 1999, alleging inter alia that she is a registered trademark holder of a trade-name "Ayurveda Sangraha", a book written and published by her deceased husband Sh. Govind Pareek and such trade-name is being used since 2005 onwards. Appellant make out a case against respondent-defendant that in the year 2023, she came to know that defendant has started publication of an ayurveda book in the name of "Dhananjay Ayurveda Sangraha" which is deceptively similar to the trade-name of the ayurveda book, for which plaintiff is having registered trademark. Hence, respondent be restrained by way of temporary injunction, not to publish the ayurveda book using trade-name "Dhananjay Ayurveda Sangraha".