( 1 ) BY this application, the plaintiff seeks to restrain the defendant from using the trade mark surya or any other trade name or trade mark identical with or deceptively similar to the plaintiff s/applicant s aforementioned trade name and trade mark consisting of the device of surya .

( 2 ) surya is the Hindi name of the sun . Sun as the centre of the solar system has existed for long long time, so has surya .

( 3 ) I do not think that any person can exclusively appropriate the word surya per se for himself. I am not inclined to grant injunction with respect to the word surya .

( 4 ) I have seen the sun device of the plaintiff. It is a half circle with lines radially projecting out of its circumference, alternate lines being long, and alternate lines being short.

( 5 ) HOWEVER, as per the registration certificate which has been filed by the defendant in Suit No. 1094 of 1989 and relied upon by the defendant in this suit, that device comprises of a very stylised representation of sun which has flames, or what appears to be flames, around its circumstance with eyes, nose and mouth.

( 6 ) KEEPING the two side by side, difference in the two are very dear. Whereas the de

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