DALVEER BHANDARI
VIJAY FOAM AND COMPANY – Appellant
Versus
V. K. BAJAJ AND COMPANY – Respondent
( 1 ). The plaintiff filed a suit for perpetual injunction against the defendant praying that the defendant be restrained from using the trade mark ROYAL TOUCH/royal or any other Trade Mark as may beidentical with or deceptively similar with ROYAL:
( 2 ). It is averred in the plaint that since 1961, the plaintiff has been carrying on well established business as manufacturers and merchants of brassieres and panties. The plaintiff has been: using the Trade Mark royal for the purposes of marketing their product in the market. The aforesaid Trade Mark royal of the plaintiff is registered under no. 325263 as dated 20thmay, 1977. The aforesaid Trade Mark was advertised in the Trade Marks Journal no. 730 dated 1st November, 1979 at page 941.
( 3 ). The plaintiff got its Trade Mark royal renewed from time to time and the same still remains valid on the records of the Trade Marks Registry. Therefore, the plaintiff has got an exclusive right to use the said Trade Mark.
( 4 ). The Trade Mark of the plaintiff has acquired good reputation in Delhi, particularly in the Sadar Bazar and adjoining Commercial areas of Delhi. The products of the plaintiff under the Trade Ma
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