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2017 Supreme(Ker) 1369

P.D.RAJAN
United Trading Company – Appellant
Versus
United Trading Company – Respondent


JUDGMENT

P.D. Rajan, J.

1. The appellants who are the plaintiffs in O.S. No.7 of 2016 of the District Judge, Manjeri filed the above suit for permanent injunction restraining the defendants from using the brand name 'UTC' in their rice business which is similar to that of the plaintiffs. There was also prayer for interim injunction (I.A. No.1563 of 2016) restraining the defendant respondents from selling, marketing, stocking or distributing rice using the brand name 'UTC' or 'United Trading Company' in their business which was refused by the learned trial Judge, feeling aggrieved by that order plaintiffs preferred this appeal.

2. According to the plaintiffs, the first plaintiff is a partnership firm namely 'United Trading Company' engaged in packing and selling of rice under the brand name 'UTC' since 1987 and the plaintiffs 2 to 5 are the partners of first plaintiff. The plaintiffs have acquired reputation and goodwill for conducting the business of rice in the above brand name. The firm was founded by one Aisha Beevi, the mother of plaintiffs 2 to 5, under the care of her husband P.Abu Haji who was running various business concerns under the trade name Thayyil Traders. The plaintif

















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