KISAN INDUSTRIES – Appellant
Versus
PUNJAB FOOD CORPORATION – Respondent
( 1 ) THIS first appeal challenges the judgment and order of the Additional District Judge dated 29th March, 1982 restraining the appellant-defendant No. 2 from selling the products under the trade mark kishan and suhna or any other deceptively similar trade mark and from using the design/art work of the plaintiff existing under the title sohna and from infringing the copyright in the kisan label and from trading under the name kisan INDUSTRIES or any other deceptively similar copyrights and trade name amounting to infringement and/or passing off till the decision of the suit,
( 2 ) BRIEFLY the facts are that M/s. Punjab Food Corporation, a partnership firm, (plaintiff-respondent No. 1) on 5th May, 1981 instituted a suit for passing off Cattle Poultry Feed under the trade name kisan or sohna and infringing the copyright besides rendition of accounts. The plaintiffs have alleged that they have been carrying on business of manufacturing Cattle Poultry Feed since 1977 and using distinctive trade mark kisan and a distinctive label consisting inter alia, of the word kisan , the device of Buffalow and the words Cattle Feed in circles, that they have filed an ap
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