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2005 Supreme(Del) 765

SWATANTER KUMAR
JAGDISH PRASAD SHARMA – Appellant
Versus
MASTERMIND PUBLISHING HOUSE – Respondent


Advocates Appeared:
GARIMA PRASAD, SUNIL AGRAWAL, SUNIL TOMAR

SWATANTER KUMAR, J.

( 1 ) THE plaintiff has filed the present suit for a decree of permanent injunction against the defendant, its employees, agents, servants, restraining them from threatening the plaintiff of groundless and illegal threats of civil and criminal proceedings including search and seizure etc. by the police and to serve upon them notices, circulars etc. Further the plaintiff had prayed for a decree of declaration praying that the word `mastermind in respect of books or publications or guides or help books or printed material, is laudatory, descriptive and non-distinctive in nature and the same is incapable of any monopoly in favour of one person or the other for the purposes of registration or otherwise.

( 2 ) THE above relief is prayed for by the plaintiff on the premise and as is evident from the averments made in the plaint that the plaintiff is carrying on his business of publication of books, help books, guide books and question banks on the basis of curriculum of various classes as prescribed by the State and Central Government including Central Board of Secondary Education. While dealing with its books, plaintiff has been using the word `master Mind Guide for













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