ORDER

Dated this the 15th day of December, 2021 The petitioner is the plaintiff in O.S.No.26 of 2021 of the Vth Additional District Court, Ernakulam. The suit is filed under Sections 29 , 134 and 135 of the Trade Marks Act, 1999 , alleging infringement of petitioner's trademark.

The essential facts are as under;

The petitioner is a registered firm constituted with the objective of conducting business in home appliances and allied products. The petitioner firm is the registered holder of the trademark 'Bismi'. The firm was reconstituted from time to time. As on 31.05.2018, partners of the firm were V.A.Ajmal, V.Y.Shabani, V.A.Yusuf and P.M.Nafeesa. The partners are close relatives; V.A.Ajmal and V.Y.Shabani being the son-in-law and daughter of V.A.Yusuf and P.M.Nafeesa. Difference of opinion arose among the partners, with V.A.Ajmal and V.Y.Shabani on one side and V.A.Yusuf and P.M. Nafeesa on the other. The disputes were settled at the intervention of mediators and a Memorandum of Understanding (MoU) was executed by the partners on 31.05.2018. As per Clause 13 of the MoU, V.A.Yusuf and P.M.Nafeesa were to retire from the firm with effect from 15.06.2018 and all existing debts and lia