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HARISH TANDON, MADHURESH PRASAD
Amir Biri Factory – Appellant
Versus
Mohd. Aslam – Respondent
JUDGMENT :
HARISH TANDON, J.
1. The order of temporary injunction passed ex-parte was sought to be vacated at the behest of the defendant/respondent on an application under Order 39 Rule 4 of the Code of Civil Procedure alleging not only that the application for temporary injunction contained misleading statements but also on the ground of suppression of material facts. The plaintiffs/appellants filed the instant suit seeking a decree for permanent injunction restraining the defendant/respondent from in any manner infringing the plaintiffs/appellants’ registered label mark “MAJDUR BIRI” by using the mark which is identical and deceptively similar thereto and also decree for perpetual injunction restraining the defendants from manufacturing, selling, stocking, offering for sale Bidis under the mark “MAZDOOR” or any other trademark which is identical or deceptively similar to the appellant’s mark “MAJDUR.”
2. It is averred in the plaint as well as the application for temporary injunction that the appellant no. 1 is a leading manufacturer, trader and merchant of the Biris under the trade name and style of “MAJDUR BIRI No. 444” wherein the numerical No. “444” denotes the high quality of B
The registration of a trademark may contain territorial restrictions, and any infringement can only be alleged within the specified territory. Suppression of material facts and misleading statements ....
The court emphasized the importance of disclosing material facts and prior use of trademarks in obtaining injunction orders.
The prior user of a trademark has superior rights in passing off actions, regardless of subsequent registration by another party.
The court upheld the plaintiff's rights as the prior user and registered owner of the trademark, granting an injunction against the defendant's use of a similar mark due to the likelihood of consumer....
Ex-parte ad-interim injunction vacated for suppression of material facts in trademark infringement suit; plaintiff must disclose fully prior ownership, adverse orders, relationships with clean hands;....
In trademark infringement actions, a presumption of confusion arises if the defendant's mark is identical to that of the registered trademark, fostering the entitlement to interim injunction.
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