“15. On examining the pleas raised on both sides, I find that neither party has been able to set up a clear prima facie case in its favour. The nature of the disputes raised indicate that the same can only be resolved after evidence is led in the course of trial. For the moment, all that can be said is that the trademark / label “MARDIA CABLES” had initially been assigned in favour of Mr Kamlesh Jain. The assignment had been recorded in the registers of the Trademarks Registry and, therefore, as long as that assignment holds, Mr Kamlesh Jain would be entitled to use the said trademark / label. To decide as to whether the registration stands in favour of Mr Kamlesh Jain even after the re-assignment deed of May, 2005 would require the leading of evidence, in particular because Mr Kamlesh Jain has denied that the said document bears his signature. Of course, Mr Ramesh Mardia has obtained the opinion of a handwriting expert, but, at this stage, that opinion cannot be relied upon without such expert having been subjected to cross-examination. It may also be noted that the order dated 14.06.2007 passed by the Deputy Registrar of Trademarks is an ex parte order and is also the subject matter of an appeal. At the same time, one has also to notice the fact that Mr Ramesh Mardia does have another registration in his name in
