Akash Ghanshyam Parwani Proprietor of Ghanshyamdas and Sons, Amravati v. Mohammad Yusuf Abdul Gaffar Proprietor of New Dinar Trading Co, Akola
TRADE MARK – INFRINGEMENT – INTERIM INJUNCTION
Case brief
What is this about?
Trademark infringement; interim injunction; Appeal Against Order 50-AO-68-2023; NC 2025:BHC-NAG:1121; Bombay High Court Nagpur Bench; Anil L. Pansare, J.; deceptive similarity; Section 2(h); presumed irreparable injury/loss in registered trade mark infringement; customer of average intelligence and imperfect recollection test; Phapda Powder 'xk; Nki' vs Farsan Powder 'xk;'; cow device mark; Ramesh Khatanmal Lulla v. Mohammad Yusuf Abdul Gaffar AO 58/2017 relied upon; no interference in impugned order; appeal dismissed; trial Court to decide on own merits.
What did the court decide?
None to the appellant; the impugned order granting injunction is left undisturbed, with a clarification that the trial Court shall decide the case on its own merits uninfluenced by this Court's observations. ¶25