JUDGMENT :

Nitin Jamdar, J.

1. MESO Private Limited, the Appellant-Plaintiff, manufactures and sells of various cosmetic products, including two perfumes with trademarks Legend and Flirt. The Liberty Group, the Respondents-Defendants, launched two perfumes with names Legend and Flirt. This led to MESO filing a Trade Mark suit in this Court and moving for an injunction to restrain Liberty from selling these perfumes. The learned Single Judge initially granted an ex-parte ad-interim order of injunction, which was subsequently vacated. Being aggrieved, MESO approached with this appeal seeking a grant of an injunction against Liberty Group regarding these two products. We are not inclined to grant an injunction as prayed for. The factual backdrop and the reasons are as follows.

2. Ultima Cosmetic Private Limited conceived of the trademark Legend in July-August 1988 regarding cosmetics, essential oils, perfumes, perfumery etc. Ultima applied for registration of a trademark on 8 August 1988. Ultima got the trademark Legend registered under No.495609 in Class-3 as referred to in the Trade Marks Act and the Rules.

3. Shebro Manufacturing Company, a partnership firm, conceived of trademark Flir