( 1 ) BY an ex parte order passed on 21-09-1992, an injunction was issued restraining the defendants from using the aforesaid offending trade mark and device of a map of India with oval shape identical or desceptively similar to the device of the plaintiff.

( 2 ) MR. Sahni, who appears for defendants, states that he is also the registered owner of the trade mark No. 445968-B, and that his trade mark comprises of the word nirmal enclosed in an oval shape with the map of india. Mr. Sahni contends that the map of India has been disclaimed by the defendants. Just like, the plaintiff also has disclaimed the map of India which is part of his device.

( 3 ) THE device of the plaintiff comprises of an oval shape within which there is a map of India and the word jindal written upon it, and the word trade mark appears in the oval outlines.

( 4 ) THE defendant s mark also has oval outlines, has a map of India, and the word nirmal written across the map of India.

( 5 ) THE registration No. of the plaintiff s mark jindal is 384816, dated 31-12-1981.

( 6 ) SECTION 28 of the Trade and Merchandise Marks Act gives the exclusive right to use the registered trade mark. I do not see how 1 can,

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