This civil mis. appeal has been filed against the order dated 18.11.2013, passed by the Additional District Judge No.5, Jaipur Metropolitan, Jaipur (hereinafter 'the trial court'). Thereby the trial court has allowed the respondent-plaintiff-applicant-company's (hereinafter 'the applicant-Company') application under Order 39 Rule 1 & 2 CPC and injuncted the appellant-defendant-non-applicant-firm (hereinafter 'the non-applicant-firm') from using its trademark “ZARI” (as is appropriately detailed hereinafter) or similarly deceptive mark or otherwise passing off its own manufactures under the mark “ZARI” (by Anu Shankar) as that of the applicant-Company.

The applicant-Company states to be a leading manufacturer, trader and retailer of bridal, party wear, traditional and casual wear, sarees, salwar suits, kurtis, lehengas, blouse, bridemaids gown etc. under a registered trademark under class 24 with the word ZARI as stylized since 2005. The applicant-Company's trademark as registered was as under :

It was stated that its trademark distinguishes the goods of the applicant-Company from that of others and has purportedly acquired tremendous reputation and goodwill due to high qual