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1927 Supreme(Lah) 65
Lahore High Court
Broadway, J.
Noor Ilahi - Maqbul Ilahi - Appellant
Versus
B J Wood And Co - Respondent
Decided On : 24-11-1927
JUDGMENT
Broadway, J. - The following issue was seat down by a Division Bench of this Court for decision:
Have the plaintiffs abandoned the Cotillon design as a trade-mark for yarn?
2. After recording evidence and hearing counsel, the learned District Judge has reported that he finds that cotton yarn and cotton piece-goods are goods of the same description, and that, as cotton piece-goods have been regularly imported with this particular Cotillon design thereon, no question of abandonment really arises. He has, however, also come to a finding that, assuming that cotton piece-goods and cotton yarn were not goods of the same description, no abandonment has been established. The reply on the second question is based on intention which is clearly a question of fact, which as a Court of second appeal we are precluded from examining.
3. It was urged, however, that the conclusion arrived at with regard to the cotton piece-goods and cotton yarn being goods of the same description was wrong and that at least a further remand should be ordered. Having regard to the issue that was sent down for trial, I do not think that any further remand is called for. What the learned District Judge has done is to hold that the piece-goods and yarn being goods of the same description, the question of abandonment did not arise at all. On the question of abandonment itself he came to a definite finding and by that finding we are bound.
4. I would, therefore, dismiss this appeal with costs.
Jai Lal, J.
5. I agree.
