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DELHI HIGH COURT
J.M.MALIK
Pradeep Sharma – Appellant
Versus
Standard Electricals Ltd. – Respondent
JUDGMENT
J.M. Malik, J.
The parties fell out over the question of 'STAR' trade mark. The instant appeal is directed against the order of Trial Court, wherein, the Ld. ADJ declined to grant temporary injunction in favour of the plaintiff/appellant and dismissed the application under Order 39 Rules 1 & 2 read with Section 151 CPC. The case of the appellant is this. He started business in the year 1979 in respect of manufacturing and marketing switchgears, main switches and other electrical goods, He adopted the distinctive trade mark 'STAR' which was got registered on 21.04.1994 and stands renewed upto 20.04,2008.The advertisements of appellant as well as of respondent and respondent's parent company viz. 'HAVELLS LTD' appeared in the same newspapers, different telephone directories etc. The appellant has also appended photocopies of newspapers, pamphlets and yellow pages advertisements which go to reveal that the advertisements of both the Amax Electrical Industries and Havells Ltd. appeared on the same page.
2. Appellant has alleged that recently it transpired that the respondent has also started using the trade mark 'STAR' and thereby has infringed his registered trade mark unde
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