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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
MR. JUSTICE AVNEESH JHINGAN, MR. JUSTICE BHUWAN GOYAL, JJ
Shree Madan Engineering Works – Appellant
Versus
Madan Engineering Works – Respondent
JUDGMENT :
AVNEESH JHINGAN, J.
1. This appeal is filed against order dated 29.09.2022 passed by Commercial Court, Ajmer granting interim injunction in favour of respondent-plaintiff.
2. The brief facts are that appellant is a proprietorship concern of Vivek Jangir s/o Raj Kumar, the grandson of Madanlal Jangir. The respondent is a proprietorship concern of Sajjan Kumar Jangir s/o Madanlal Jangir. M/s Madan Engineering works since 1971 is engaged in manufacturing of agricultural equipments and the trademark with logo of ‘MEW’ was registered on 12.08.2016 bearing registration No.2632425. After death of Madan Lal Jangir (hereinafter referred to as deceased), his widow Smt. Mangi Devi Jangir became the proprietor. Vide registered gift deed dated 04.09.2020, Smt. Mangi Devi and Rajkumar (father of the appellant) gifted to respondent the business of M/s. Madan Engineering Works along with assets. The suit was filed by the respondent seeking permanent injunction pleading infringement and unfair trade practice of using trademark of the respondent. An application filed under Order 39 Rule 1 and 2 CPC was allowed by the impugned order restraining the appellant from use of trademark of M/s Madan
The Commercial Court has jurisdiction over trademark disputes, and the validity of trademark registration is not subject to interim injunction proceedings.
The court affirmed the jurisdiction of the Commercial Court to grant injunctions under the Trade Marks Act, emphasizing the registration and prior use of trademarks while clarifying the territorial l....
The main legal point established in the judgment is the grant of a permanent injunction in a trademark dispute, based on the consent of the defendant and the recognition of the plaintiffs' trade mark....
Permanent injunction granted against the defendant for trademark infringement, with plaintiffs waiving claims for damages following mutual consent.
The trial court's discretion in granting interim injunction is upheld; no prima facie case for temporary injunction was established.
The findings recorded in the order granting or refusing injunction are to be looked into only in connection with the three basic ingredients, i.e. prima facie case, balance of convenience, and irrepa....
Prior use and registration of a trademark are essential for establishing rights and preventing consumer confusion in trademark disputes.
Disputes arising from family arrangements can be classified as commercial disputes under the Commercial Courts Act, including issues relating to intellectual property rights and the use of trade name....
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