Code of Civil Procedure, 1908–Order 39, Rules 1 & 2–Trade Marks Act, 1999–Sec. 29–Infringement of trade mark–Temporary injunction–Denial from granting–Plaintiff in using the trade mark of Pandit Kulfi & Cafe–Respondent doing the business in name of Shri Balaji Pandit Kulfi, however, the words Shri Balaji are in very small fonts–Consumers may be mislead as the name is deceptively similar to the appellant-plaintiff regd. trade mark–Prima facie case is made out for infringement of trade mark and passing off–Respondent is restricted from using the word “PANDIT” till the pendency of suit.
