JUDGMENT :

A.K. Sikri, J.-

1. Plaintiff has filed this suit u/s 120 of the Trade and Merchandise Marks Act and Section 60 of the Copyright Act, 1957, for declaration and permanent injunction against the threats given by the defendant to institute legal proceedings against the plaintiff herein. It is alleged that plaintiff is selling the goods under the trademark/label 'SUPREME SUHAG', whereas, defendant is selling the goods under the trademark 'SHILPA'. Defendant is threatening the plaintiff to stop trading under the trademark 'SUPREME SUHAG' failing which, defendant would institute legal proceedings against the plaintiff. According to the plaintiff, these threats of instituting legal proceedings are groundless, misconceived and malicious as plaintiff has a right to do trade under the trademark 'SUPREME SUHAG' and does not infringe or violate any of the rights of the defendant, even under the Trademark Act or Copyright Act.

2. The averments made in the plaint are that the plaintiff is the sole proprietor of M/s. Supreme Suhag Sticker Bindi and is carrying on the business of manufacturing and marketing of 'Sticker Bindi' under the trademark/label 'SUPREME SUHAG' since 1986. He has als