Law:

Section:

Trade Marks Act (V of 1940)-------S. 20(2)---Civil Procedure Code (V of 1908), OXXXIX, Rr. 1 & 2--­Infringement of trade mark---Temporary injunction was issued to restrain defendant during pendency of suit from infringement of plaintiffs trade and property mark and from passing its goods in the rap deceptively similar to that of plaintiff's trade mark---Validity---Mere fact that trade mark of defendant had also been registered would not entitle him to use the same if it amounted to infringement of trade mark of plaintiffs---Raps of both the products manufactured by plaintiffs and defendant on examination showed that prima facie there was close similarity as regards colour scheme, and other features of both the trade marks---Prima facie case thus, existed on the averments made by plaintiffs and they were to suffer irreparable loss in case defendant was not restrained-from infringing the trade mark of plaintiffs and passing its goods as goods of plaintiffs during pendency of suit, as the loss which was likely to occur to the business reputation of plaintiffs was not measurable in terms of money---Interim injunction issued in favour of plaintiffs was, thus, maintained in circumstances. Aurang Zeb Mirza for Appellant. Qadeer Ahmad Rana for Respondent. Date of hearing: 4th April, 1993. JUDGMENT This appeal is directed, against the judgment dated 26-6-1992 through which the trial Court accepted the application of the respondent for issuance of temporary injunction during the pendency of the suit for a decree of permanent injunction. 2. , In the suit it was alleged by respondent No. 1 that it was manufacturing Soap under the Brand name "Lifebuoy" which was a registered trade mark under the Trade Marks Act, 1940, which was enjoying good reputation and goodwill in the Market. According to them the appellant had also started fraudulently selling "Telephone Soap" in packing deceptively similar and in a same colour scheme in order to spoil plaintiff's goodwill and injure commercial reputation of its product which was infringement of the trade and property mark and also amounted to passing of their goods as goods of the plaintiff. Alongwith the suit an application was…

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