Mukta Gupta, J.

I.A. No. 8430/2011 (by Plaintiffs u/Order XXXIX Rule 1 and 2 r/w Section 151 CPC)

1. By this application the Plaintiffs seek injunction against the Defendant and its assignees, franchisees, licensees etc. restraining them from selling, offering for sale, advertising, directly or indirectly dealing in identical or similar goods and services under the infringing mark/trading name containing the mark ‘MBD” or any other trademark identical or deceptively similar as the same amounts to infringement of the trademark registered in the name of the Plaintiffs.

2. Learned counsel for the Plaintiffs contends that ‘MBD” is a housemark of the Plaintiffs which was adopted in the year 1956. Since 1977 the Plaintiffs are the registered owners of ‘MBD” in Class 16 and thereafter have got the registration of this mark in 20 other classes and have applied for 250 other products and services. The Defendant adopted a deceptively similar trade mark being ‘MBD Electronics” though it is not dealing in electronics goods and is only trading in shares. As held in Kaviraj Pandit Durga Dutt vs. Navratna Pharmaceutical Laboratories, AIR 1965 SC 980 and Ruston and Hornsby vs. The Zamindara