( 1 ) THIS order will dispose of the application of the plaintiff under Order 39 Rules 1 and 2 readwith Section 151 Civil Procedure Code for the grant of an order of injunction restraining Dr. Vinod Kumar, owner, publisher, editor and proprietor of "rupee TIMES" from using the trademark "rupee TIMES" in respect of journal, newspaper or any other trademark which is identical with and/or deceptively similar to the trademark "rupee GAIN" allegedly belonging to the plaintiff. Further injunction is sought against the defendant from using the trademark "rupee TIMES" so as to pass off its journals as that of the plaintiff.

( 2 ) THE facts of this case in short are that M/s. R. B. G. Freelancers Private Limited were engaged in the publication and sale of a bimonthly financial journal under the name and style of "rupee GAINS" since 1986; the name of the said company was subsequently changed to Rupee Gains Tele Times Private Limited; this journal is reported to have been registered with the Registrar of Trademarks under Registration No. RNI- 45792/86 and the said name is in continuous use by the plaintiff for the past about 9 years in respect of financial journal and is stated to be sold throughout India. According to the plaintiff, the said trademark "rupee GAINS" predominently consists of the word "rupee" so as to impart a financial significance to the journal and the plaintiff is alleged to have adopted and conceived the word "rupee" as a trademark in respect of a financial journal. The aforesaid trademark "rupee GAINS" used in the financial journal allegedly indicate to the readers and intending readers as a journal originating from the plaintiff and none other. The said trademark is alleged to be the exclusive property of the plaintiff. The word "rupee also forms, according to the plaintiff, an important feature of the corporate name of the plaintiff. The said name is alleged to have acquired valuable and substantial goodwill and reputation in the market. Dr. Vinod Kumar was associated with the plaintiff as Chief Consultant Editor, till 14th June, 1995, of the journal "rupee GAINS". It is alleged that the defendant has started publishing a journal by adopting the trademark "rupee TIMES" in respect of its financial journal. According to the plaintiff, the use by the defendant of the trademark "rupee TIMES" in connection with and in relation to a financial journal is intended, calculated and likely to deceive purchasers and intending readers and lead them into the belief that the said journal was that of the plaintiff or an organisation associated with the plaintiff. Dr. Vinod Kumar has alleged to have advertised for "rupee TIMES" allegedly projecting an impression to the public that all the experienced and acknowledged team of the "rupee GAINS" have come out with another financial fortnight "rupee TIMES" and this advertisement was sent to the customers of the plaintiff company. It is alleged that the defendant is trying to trade upon the goodwill of the plaintiff company putting it to irreparable loss. The defendant by deliberately adopting the trademark "rupee TIMES" is trying to create a confusion in the market and is trying to deceive the intending readers. A deception and confusion, according to the plaintiff, will be caused amongst the readers in believing that the said journal "rupee TIMES" has come from the organisation of the plaintiff. The said adoption of the trademark "rupee TIMES" is stated to be dishonest and fraudulent and the defendant is alleged to be trying to pass off its goods as that of the plaintiff.

( 3 ) ALONGWITH the suit, an application for ad-interim injunction was also filed for restraining the defendants from publishing the financial journal "rupee TIMES" or to pass off its journal under the trademark "rupee TIMES" as and for that of the plaintiff company.

( 4 ) AFTER summons of the suit and notice of the application had been served upon the defendant, written statement was filed. In the