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1996 Supreme(Del) 244

R.C.LAHOTI
AMAR SINGH CHAWALWALA – Appellant
Versus
SHREE WARDHMAN RICE AND GENERAL MILLS – Respondent


R. C. Lahoti, J.

( 1 ) THE plaintiff has filed a suit for permanent injunction restraining infringement of trade mark, passing off and for rendition of accounts, recovery of damages, etc. An application for the grant of ad interim injunction has also been filed in the suit.

( 2 ) ACCORDING to the plaintiff, the plaintiff firm is engaged in the selection, processing and marketing of rice since the year 1952. In the year 1954, the plaintiff adopted Golden Qilla ( word per se) and also device of Qilla as its trade mark so as to indicate its connection with trading in rice. In the year 1961, the plaintiff similarly adopted Lal Qilla (word per se) and also the device of Lal Qilla as its trade mark. In the year 1977, the plaintiff also adopted Neela Qilla and the device of Qilla as its trade mark in rice trade. The plaintiff has been continuously and extensively using the said trade marks and has acquired considerable reputation in connection therewith. Vide para 7 of the plaint the plaintiff has set out the Figures of actual sales and publicity expenses running into lakhs of rupees for the years commencing 1970-71 upto 1986-87. In addition to the common law rights the plaintiff also hol












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