( 1 ) THIS is an appeal arising from an order passed by the Additional District Judge declining to grant injunction In favour of the plaintiff against the use or display of the title "grahlokshmi" for a Hindi magazine being published by the defendant on the plaintiffs plea that the plaintiff is already publishing a magazine under the title grahshobha which is also registered under the Trade and Merchandise Marks Act 1958 under Registered Trade Mark No. 387789 in Class 16 in respect of printed publication. It is alleged that the plaintiff has been publishing Grahshobha since January 1988 but the registration of the trade mark was granted to the plaintiff w. e. f. 18th March 1982.

( 2 ) THE argument which is put forward on behalf of the plaintiff is that notwithstanding the lack of phonetic similarity, the adoption of the name Grahlakshmi is intended to trade upon the valuable goodwill of the plaintiff s mark Grahshobha in respect of magazines because the meaning conveyed by the two terms Grahshobha and Grahlakshmi would be the same because in of the Hindi dictionaries the term lakshmi has been stated to mean Goddess of wealth and it is also stated to be known by the