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1957 Supreme(MP) 65

M.HIDAYATULLAH
BENIPRASAD AGARWAL – Appellant
Versus
HINDUSTAN LEVER LTD. – Respondent


Advocates Appeared:
A.P.SEN, A.S.Bobde

M. HIDAYATULLA, C. J.

( 1 ) THIS appeal is by one Beniprasad Agarwal who trades in the name and style of "bajoria Soap Works", at Sindi Bazar, Kharsia, in the Raigarh district. The appeal is directed against the order granting a temporary injunction in a suit filed by the respondent, Lever Brothers (India), Limited, Bombay, in an action for infringement of the registered trade mark of the respondent Company. There is also an application made for correcting the name of the respondent-Company into "hindustan Lever, Limited, Bombay", which is not opposed. The respondent-Company have also cross-objected and asked for the grant of a temporary injunction against certain other alleged infringements of the registered trade mark. This order shall dispose of all these matters.

( 2 ) AS regards the application for the correction of the name of the respondent-Company, no objection was raised, and I allow that application.

( 3 ) THE facts of the case are as follows. The plaintiff in the -suit. Lever Brothers (India), Ltd. , are the manufacturers of detergents, and one of their commodities is the well-known Sunlight soap. 'this soap, according to the affidavit filed in the case seeking temporary






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