DILESH RAJ BORANA Vs. M/S UDHOG MANDIR

JUDGEMENT

(1.) The present writ petition under Article 227 of the Constitution of India has been filed against the order dtd. 23/7/2021 passed by the Court of learned District Judge, Bikaner in Civil Original Suit No.16/2021, whereby the application for return/rejection of the plaint under Order VII Rule X, Order VII Rule XI read with Sec. 151 Civil Procedure Code (hereinafter referred to as 'CPC') filed by the present petitioner - defendant/counter claimant has been rejected in respect of trademark 'NATURAL GOLD'.

(2.) Learned counsel for the petitioner - defendant submitted that the respondent - plaintiff filed a suit for permanent injunction along with an application for temporary injunction alleging infringement of trademark and copyright in respect of edible oil registered in the name of 'NATURAL' under the Trademarks Act, 1999.

(3.) Learned counsel for the petitioner submitted that in the plaint filed by the respondent - plaintiff it was averred that the petitioner - firm's trademark 'NATURAL' has been registered under the Trademarks Act, 1999 and therefore, the petitioner firm has complete authority to use the aforesaid name. The petitioner firm, on 30/7/2020 from its distributors and few consumers came to know that edible oil in the name of 'NATURAL GOLD' is also available in the market. The tins (container) of the edible oil bears the name and address of the petitioner-defendant. The respondent- plaintiff thus by way of filing a suit before the learned District Court prayed that the petitioner - defendant may be prevented from using and selling its product under the name of 'NATURAL GOLD' as the same is infringing the plaintiff's rights to use its registered trademark 'NATURAL'.