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2003 Supreme(Bom) 453

S.A.BOBDE
Harish Motichand Sariya – Appellant
Versus
Ajanta India Limited & others – Respondent


JUDGMENT - BOBDE S.A., J.:---This is a motion by the plaintiff for temporary injunction for restraining the defendants from using, in relation to non-medicated toilet preparations including tooth paste, soaps, shaving cream, shampoo, cosmetics and allied goods, the trade mark AJANTA or any other trade mark deceptively similar to the plaintiff's trade mark AJANTA and from using the word AJANTA as part of their corporate name or trading style or in any other manner whatsoever in relation to their business of manufacturing or trading in said goods so as to pass off their goods as those of the plaintiff's goods. The plaintiffs have also prayed for injunction estrainining the defendants from infringing the plaintiff's mark AJANTA bearing registration No. 220724-B in Class 03 by using in relation to non-medicated toilet preparations the trade mark AJANTA or any other trade mark deceptively similar to the plaintiff's registered trade mark.

2. The controversy relates to the trade mark "AJANTA" which, the plaintiff including his predecessor in interest, owns in respect of brushes including tooth brushes. The plaintiff claims to have subsequently started using the trade mark for manufacturin

































































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