RAJENDRA ANAND CHAURASIA Vs. BIJAY CHAURASIA

JUDGEMENT

(1.) HEARD . Admittedly, the trade mark in question stood registered in the name of Harilal Chaurasia under the Trade and Merchandise Marks Act, 1958, (hereinafter referred to as the Act).

(2.) PLAINTIFFS claimed that said Harilal Chaurasia sold and assigned all his rights and interest under the said trade mark and design for valuable consideration to them on 22.2.1990 by a deed of assignment and both the parties made application before the Registrar for registration of the said trade mark in the names of the plaintiffs, which is pending. Meanwhile, defendants started manufacturing and selling sub -standard Bidis under the same trade, name and style and under the same artistic label, causing immense loss and injury to the plaintiffs. Hence, they filed Title Suit No. 26 of 2000 for a decree for permanent and perpetual injunction against the defendants from getting printed Annexure A/I Label and from using and marketing Bidis with the said label as well as for a decree for damages.

(3.) BY impugned order dated 4.7.2001, the trial court rejected the said petition.