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1994 Supreme(HP) 141

A.L.VAIDYA
AMRIT BANASPATI COMPANY LTD. – Appellant
Versus
SURAJ INDUSTRIES LTD. – Respondent


Advocates Appeared:
For the petitioner(s):Mr. K. D. Sood, Advocate. For the respondent(s):Mr. Arun Kumar Goel, Advocate, assisted by Mr. Ashok Goel, Advocate.

JUDGMENT

A. L. Vaidya, J.—The plaintiffs-petitioner is a public limited Company, having its registered office at Ghaziabad, Uttar Pradesh, and a factory at Rajpura (Punjab). The petitioners are manufacturing and selling Vanaspati oil with the trade mark "GAGAN" with a flower like device white printed on dark blue background since the year 1974 in tins, HDP containers and pouches The defendants-respondent, according to the petitioners, have started, as per the plaintiff, with mala fid? and illegal designs using the mark deceptively similar to the trade mark of the plaintiffs petitioner and the defendants-respondent are using a flower like device and the word "ANGAN", being used by the defendant is deceptively similar to the trade name "GAGAN" of the plaintiffs. The plaintiffs-petitioner have filed suit No. 151 of 1993 wherein the following reliefs have been prayed for : "(i) A decree and an order of permanent injunction restraining the defendants, their servants, agents, representatives and dealers from manufacturing, selling, offering for sale, directly or indirectly dealing in Vanaspati Oil in blue pouches with the name "ANGAN" and a flower like device as are colorable imitation o









































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