The plaintiff had a prima facie case and the right to file the suit to protect the trade mark from unauthorized use.

( 1 ) THEY admit that they are borthers but love has been lost so much between them that no suggestion to patch the disputes has found favour.

( 2 ) PLAINTIFF (Auto Pex Motor Co.) is a partnership firm consisting of two partners Ramesh Chand Sethi and Kapil Sethi. It is engaged in the business of manufacturing and marketing of gaskets (auto goods ). It is the sole proprietor of trade mark "master Label" in relation to gaskets. During the course of business the plaintiff also started using the trade mark Super Master and Gold Master. The predecessors of the plaintiff had adopted trade mark "master" in relation to gaskets in the year 1970 and continuously used the same upto 24/3/1994. The trade mark was assigned to the plaintiff vide deed of assignment of 24/8/1994. The plaintiff has continuously been using the said trade mark. M/s Auto Pex Sales India was the predecessor of the plaintiff.

( 3 ) THE plaintiff in order to acquire statutory rights for the trade mark Master obtained registration and filed application for its registration. The trade mark was initially registered in the name of Auto Pex Sales. After it was assigned to the plaintiff it filed an application for bringing the said registration in the name of Chandermohan Sethi and Ramesh Chand Sethi, partners of the plaintiff. Plea has been raised that Chandermohan has since retired from the partnership and Kapil Sethi became the partner in the firm from 1/1/1999. An application was filed for recording the said assignment. The plaintiff claims that it has been using the trade mark "master" label for a long duration. The defendant is engaged in the business of manufacture and marketing the gaskets and have adopted the trade mark Super Master label. Defendant no. 1 is the proprietor of defendant no. 2. The said label "super Master" label has only been adopted recently by the defendants. The defendant even filed a criminal complaint against the plaintiff u/s. 78 and 79 of the Trade and Merchandise Marks Act, 1958. It is alleged that the defendant cannot use a similar trade mark Super Master Label and hence the present suit has been filed to restrain the defendants, his agents or servants from manufacturing, selling, offering for sale the gaskets under the trade mark Super Master label and similarly it is prayed that defendants should be restrained from selling, offering for sale, advertising or displaying articles with the same name (Super Master label ).

( 4 ) DURING the pendency of the civil suit IA 4963/2001 has been filed seeking ad interim injunction on the above lines. By this order the said interim application is proposed to be disposed.

( 5 ) IN the written statement filed along with the reply to the above said interim application the defendants have contested the matter. It is asserted that plaintiff does not have any registration in their name. They have only applied for registration of the trade mark. The plaintiff is deliberately alleged to have not disclosed his relationship with defendant no. 1. The trade mark "master" belonged to the father of defendant no. l and Shri R. C. Sethi. The five sons of the father of defendant no. 1 are using the trade mark Master in same form since the very beginning. There is misrepresentation and concealment of facts by the plaintiff. The plaintiff is alleged to be only targeting the defendant by filing the present suit. It is pleaded that in the year 1973 the word Master was used for the first time by Auto Pex Sales and Agencies by Inder Sain Sethi, R. C. Sethi and C. M. Sethi. The trade mark Master was registered in 1973. In the year 1976 C. M. Sethi started his proprietorship business under the name Auto Pex Motor Co. Master Gaskets. Shri Ramesh Sethi is one of the partners of the plaintiff had signed several invoices issued by Sethi brothers. In this process, the defendant no. 1 had also started using the trade mark Super Master label. It is stated to be in no way infringing the right of the plaintiff.

( 6 ) IT