Law: Trade Marks Act, 1940

Section: 73 , 1 , 2

Trade Marks Act (V of 1940)--- ----S. 73---Civil Procedure Code (V of 1908), O.XXXIX, Rr. 1 & 2---Suit for infringement of trade mark, passing off, accounts of profits and damages-- Application for temporary injunction seeking to restrain defendants from manufacturing, selling, offering for sale, distributing, advertising, using of their product under plaintiffs Trade Mark  "Shahzadi  Patti  "  (Label)  or  infringing  same  in  any manner---Entitlement---Notwithstanding challenge to title and ownership of plaintiff in respect of said trade mark, it would prima facie appear that plaintiff had been using trade mark in question registered in his name in his own rights for quite some time---Plaintiff had, thus, a good prima facie case for purpose of temporary injunction---So long as registration in plaintiffs. name was not cancelled he had the right to protect his goodwill and business reputation without any hindrance---Balance of convenience would also lie in favour of plaintiff, for in case contesting defendants were allowed to infringe his registered trade mark, he would suffer more adversely as compared to contesting defendants---Loss of reputation, goodwill and popularity of product by plaintiff would be irreparable and could not be measured in terms of coins---Defendants could not controvert by convincing evidence plaintiff's claim to be prior user of such trade mark---Temporary injunction in favour of plaintiff, against contesting defendants was granted ordering them to refrain from infringing plaintiff's specified trade marks by passing off etc. till disposal of suit. Mrs. Navin S. Merchant for Plaintiff. S. Muhammad Ali for Defendants Nos. 1 and 2. Feroz K. Allana for Defendant No.3. ORDER In this suit for infringement of trade mark, passing off accounts of profits and damages. The plaintiffs have filed an application under Order 39, Rules 1 and 2 (CMA No. 346   of `1994)-seeking to restrain the defendants from manufacturing, selling, offering, for sale, distributing, advertising, using of their product or infringing Trade Mark SHAHZADI PATTI (LABEL) or any other resembling and or…