JUDGMENT - A.P. SHAH, J.:---This appeal by the original plaintiff is directed against the order dated 18th February, 1997 whereby the learned Single Judge dismissed the plaintiff's notice of motion for interim injunction. The appellant is manufacturer and dealer in buckets, milk cans, containers and sieves and other similar goods. The appellant alleges that he has adopted trade mark and label mark consisting of the words "OM PRABHAT" written in English and device of "COW" in respect of buckets, milk cans and sieves in the year 1972. The trade mark and label are at Exs. A-1 and A-2 to the plaint. The essential features of the trade mark given in Ex. A-1 are the device of cow within two curved lines. Above the said device of cow, the words "OM PRABHAT" are represented along the top curved line and the bottom curved line similarly followed alongwith the word "BOMBAY" so as form the ground or base of the said device. The trade mark Ex. A-2 consist of the words "OM PRABHAT" written with an oval like device and is embossed on the product in addition to the printing on the outer package. On 20th August, 1975 the appellant applied for registration of the trade mark Ex. A-1 under the Trad

Click Here to Read the rest of this document