Bombay Plaster Industries (M/s.), Bikaner vs. M/s. Jagdamba Plaster & Anr.

Trade Mark Act, 1999–Copyright Act, 1957–Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Rejection of application for granting the temporary injunction–Appreciation of–Suit for infringement of intellectual property rights–Though the colour combination of both the labels/trademark is identical but the other features like design, style, lay out and arrangement of feature are per se variance–No material was placed by appellant to show that the label trademark of respondent created likelihood of confusion–Case of “passing of action” is not made out–Respondent is using the trademark since last five years–Held, no interference is required in the impugned order.