CODE OF CIVIL PROCEDURE, 1908.

Order 39, Rule 1

TRADE AND MERCHANDISE MARKS ACT, 1958
Section [28.] Rights conferred by registration.

Synopsis Plaintiff, the registered proprietor of the trade marks and the first person to adopt and use the same - Defendant failed to file written statement - Allegations deemed to be admitted.
Plaintiff, the registered proprietor of the trade marks along with the device of a lamb constituting original artistic work within the meaning of the Copyrights Act, and the first person to adopt and use the same. Defendant, an ex-employee of plaintiff, failed to enter appearance despite a valid service. They also failed to file written statement in rebuttal of the allegations made in the plaint. The allegations in the plaint are deemed to be admitted.
Accordingly, a degree for permanent injunction is passed in favour of the plaintiff and against the defendants restraining them from manufacturing, selling and offering for sale directly or indirectly dealing in Blankets, Shawls, Lohis and other woollen piece made goods under the trade mark KASHGARI and device of a Lamb as well as the mark KASHGIRI as part of their trading style and from any other mark or device which is deceptively similar to that of the plaintiffs trade mark and device.



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