Sunday, June 13, 2010

Civil Procedure Code, 1908

Order 39 Rules 1 & 2
Plaintiffs owners of RANGOLI which is a registered trademark regarding Essence stick .
Defendant also using word RANGILI for sale of Essence stick therefore using phonetically and visually similar mark as that of registered trademark of the plaintiffs . Fit case for Interim injunction .
Thus, phonetical similarity was alleged and it has been decided by the trial court and therefore, the contention raised by the original defendants that phonetical similarity cannot be argued by the present appellants before this Court is not accepted. On the contrary, injunction ought to have been granted, looking to the mark RANGILI, which is structurally and phonetically similar to registered Trademrk of plaintiffs viz. 'RANGOLI'. Mark 'RANGILI' is deceptively similar to registered Trademark RANGOLI. A man of imperfect recollection and of average inteli will be deceived by mark used by the defendants. [Para 4]

As a cumulative effect of the aforesaid facts, reasons and judicial pronouncements, this Appeal from Order is allowed. The order dated 5th November, 2007 beh Notice of Motion exhs. 6 and 7 in Civil Suit No. 2175 of 2007 passed by the learnt Judge, City Civil Court, Court No. 6, Ahmedabad is hereby quashed and set aside. The respondents (original defendants), their servants, agents, dealers, distributor; stockists, publishers and printers are hereby restrained from using any label, materials, advertisement materials, the mark RANGILI, on and after a period of eight weeks from today. Appeal From Order is allowed. Civil Application No. of 2007 stands disposed of. [Para 5]

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