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1955 Supreme(P&H) 19

D.FALSHAW, BISHAN NARAIN
Firm Bhagwan Dass Ramjilal, Iron Merchants, Golden Engineering Works, Bulandshahr – Appellant
Versus
Watkins Mayor, Co. , Jullundur – Respondent


Judgment

Bishan Narain, J.

1. This is a defendants appeal against the judgment and decree of the trial Court restraining the defendants from using and publishing on their chaff-cutter knives the plaintiff companys special maik consisting of a picture of a lion or its resemblance or words "lion brand" and from selling these knives bearing the plaintiff-companys special mark or hearing a mark resembling that special mark and ordering the defendants to pay Rs. 5,250/- as damages to the plaintiff-company with plaintiffs, costs. The trial Court has directed that an attempt should be made to efface the marks on the defendants knives which have been, by an interim order, given in the custody of Atma Ram Receiver and, that if this attempt is successful these knives are to be returned to the defendants, otherwise the plaintiff-company will take them and pay to the defendants at the rate of Rs. 2/- per knife. The plaintiff-company has filed cross-objections against these directions.

2. The plaintiffs Messrs. Watkins Mayor and Company carry on business in Jullundur. They import chaff-cutter knives with a figure of lion engraved thereon and the words "lion brand" underneath that figure from va

















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