H. S. MADAAN
Indica Bottling – Appellant
Versus
Archian Foods – Respondent
JUDGMENT :
H.S. MADAAN, J.
1. Briefly stated, the facts of the case are that plaintiff M/s Archian Foods, a Partnership Firm (herein respondent) through its Chief Marketing Officer and authorized representative, village Fatehgarh, District Roop Nagar has brought a suit for grant of permanent injunction against defendants i.e. M/s Indica Bottling, Industrial Area, Kurukshetra and its Proprietor Dharam Pal Singh (herein petitioners) craving for restraining the defendants or persons claiming under them from continuing their impugned action of passing off in the context of use, marketing, sale advertisement, export etc. of their product in the name and style of ‘Mast Lahori Zeera’ so as to safeguard the material and valuable rights of the plaintiff on the strength of their trade mark and further restraining the defendants from using identical trademark ‘Lahori’ both visually as well as phonetically to prevent further damage to the goodwill and reputation of the plaintiff and to avoid further confusion amongst the customers with imperfect memory and further requiring the defendants to jointly or severally act in accordance with law with regard to their trade policies and practices besides
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