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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
SUDESH BANSAL
Anshu Pareek W/o Late Dr. Govind Pareek – Appellant
Versus
Sanjay Kumar Pareek S/o Shri Naamalum – Respondent
ORDER :
Sudesh Bansal, J.
1. Heard counsel for both parties on civil miscellaneous appeal so also on application under Order 41 Rule 27 CPC filed by appellant and perused the record.
2. Appellant-plaintiff has preferred this misc. appeal under Order 43 Rule 1(R) CPC, assailing the order dated 24.01.2024 passed by the Additional District Judge No.7, Jaipur Metropolitan II, Jaipur, dismissing her application under Order 39 Rule 1 & 2 CPC.
3. Appellant-plaintiff has filed a suit along with an application for temporary injunction under the provisions of Trademarks Act, 1999, alleging inter alia that she is a registered trademark holder of a trade-name "Ayurveda Sangraha", a book written and published by her deceased husband Sh. Govind Pareek and such trade-name is being used since 2005 onwards. Appellant make out a case against respondent-defendant that in the year 2023, she came to know that defendant has started publication of an ayurveda book in the name of "Dhananjay Ayurveda Sangraha" which is deceptively similar to the trade-name of the ayurveda book, for which plaintiff is having registered trademark. Hence, respondent be restrained by way of temporary injunction, not to publish the
The appellate court respects the trial court's discretion in granting or refusing temporary injunctions unless shown to be arbitrary or perverse.
The trial court's discretion in granting interim injunction is upheld; no prima facie case for temporary injunction was established.
The court emphasized the importance of weighing the interests of contesting parties and the limited scope for interference with the trial court's discretion in granting or refusing temporary injuncti....
In passing-off cases, the burden of proof for establishing prior user lies with the plaintiff, and failure to provide substantial evidence undermines claims for injunction.
A plaintiff's established ownership of a trademark and the demonstration of a prima facie case are critical in granting temporary injunctions against alleged infringements, regardless of the defendan....
Point of law: Trade mark copyright - Where there is/are a common element/elements in the marks of plaintiff and defendant which is also contained in a number of other marks in use in the same market,....
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