MANMOHAN SINGH, J.

1. The above mentioned appeal has been filed by the appellant (hereinafter referred to as plaintiff) against the judgment and decree dated 3rd June, 2010 passed by the learned Single Judge in CS(OS) No. 111/2006 (old Suit No.1305/1996) whereby the suit against the respondent (hereinafter referred to as defendant) for infringement of trade mark Liv.52 by use of trade mark LIV-T by the defendant was dismissed and it was held that there is no case made out of infringement of registered trade mark.

2. The facts leading to filing of abovementioned appeal are that the plaintiff is the owner of the trademark ‘Liv.52’ registered under registration No.180564 in class 5 as of 10th July, 1957 in respect of medicinal preparation for treatment of disorder of liver. The said trade mark has been used since the year 1955. The case of the plaintiff is that the use of the trade mark LIV-T by the defendant in relation to medicinal preparation for curing liver disorder amounting to infringement of plaintiff‘s trade mark Liv.52 as the essential and distinguishable feature LIV which is distinctive and is used by the defendant. The trade mark LIV-T used by the defendant is phon