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1999 Supreme(P&H) 331

V.S.AGGARWAL
Bharat Enterprises (India) – Appellant
Versus
C. Lall Gopi Industrial Enterprises – Respondent


Judgment

1. The present appeal has been filed by M/s. Bharat Enterprises (India), hereinafter described as "the appellants" directed against the interim order passed by the learned Additional District Judge, Sonepat, dated 25-1-1999. By virtue of the impugned order, the learned trial Court had allowed the application of the respondent-plaintiffs (M/s. C. Lall Gopi Industrial Enterprises and Miss Reema Gupta). The appellants were restrained from using the trade mark "HEAT PILLAR" for selling their room heater with the same design, shape, mark etc. The respondents were directed to file a bond within a week in the sum of Rs. 1 lack to the satisfaction of the trial Court and in the event of failing the respondents were to compensate the appellants for the loss ensued due to the order of injunction.

2. Some of the relevant facts can conveniently be delineated.

3. The case of the respondents is that the firm M/s. C. Lall Gopi Industrial Enterprises was established in the year 1993. It is manufacturing Heat Pillars under the name and style of their trade mark "HEAT PILLAR". The respondents had designed it and started manufacturing the same. It soon acquired great reputation in the country























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