JUDGMENT :

As is well recognised, Trademarks are brand identifiers and axiomatically, a very valuable asset for the registrant business. It is, therefore, without any surprise that a registrant would fiercely invoke every remedy available in law, when a trademark registered in his/its favour is suspected to be infringed or violated by another.

2. This case, at the instance of the owner of a Trademark, presents the classic tussle between a registrant and the one who is alleged to have infringed it.

3. The plaintiff in O.S.No.42/2018, on the files of the District Court, Ernakulam, has appealed herein, impugning the unfavourable order in I.A.No.7312/2018, which was filed by her seeking prohibitory injunction against the respondent-Firm from infringing her registered trademark or in any manner using the same deceptively in their business.

4. The appellant/plaintiff claims to be the proprietrix of two registered Trademarks -bearing Nos.1839635 and 1839637- under the name 'SEEMATTI', which is stated to be used in the retail business of textiles and such other products. According to her, even though she had obtained the registrations as early as in the year 2009, the respondent has made an at