RAMESHCHANDRA PALIWAL Vs. SIMA & COMPANY

JUDGEMENT

(1.) This appeal is directed against the order dated 19.01.2016 passed by the District Judge, Pratapgarh, whereby the application filed by appellant under Order 39, Rule 1 and 2 CPC seeking injunction has been rejected.

(2.) The appellant-plaintiff filed a suit for permanent injunction along with an application for temporary injunction alleging infringement/passing of label trademark and infringement of copyright of 'Nikah' label in respect of perfumeries against the respondent.

(3.) It was claimed in the plaint that a label trademark with prominence of word 'Nikah' and depicting 'Rani' was adopted by the appellant in respect of the goods and he applied for trademark registration on 24.04.2003 and was granted registration under No.1184951 in Class-3 in respect of attar and perfumes. It was claimed that the appellant is also registered owner of label trademark with prominence of word 'Nikah', depicting 'Rani' (Queen) and 'Mor' (Peacock) bearing No.1770552 in Class-3 in respect of goods. It was claimed that the mark was continuously, openly and extensively used by the appellant since 01.06.2002. Further submissions were made that the trademark was adopted/originated by the appellant with his own creation, labour and capital, which includes light green colour in the background, which label is also used for box of perfumes for outer packaging. It was also claimed that the appellant is owner and proprietor of the artistic features involved in the trademarks and holds copyright registration No. A-87830/2009 and 87831/2009. Further claims were made that the appellant's goods and business under the trademark/label acquired tremendous goodwill and reputation in the markets and has attained sizable turnover.