9. On receipt of the summons, the defendant has entered appearance and had filed their written statement, wherein, the defendant has contended that, their firm is duly registered Partnership Firm under the Indian Partnership Act, 1932. The brand name of “ARUN” is derived from the first four letters of the promoter Mr.Arunachalam. The registration of the plaintiff's trademark “ARUN”, the word mark vide Trademark Application No.2467722, is for the goods falling under Class 29 such as “MILK AND DAIRY PRODUCTS, MILK SHAKES AND MILK BEVERAGES, BUTTER, CHEESE, CURDS, YOGHURT, DIARY WHITENER : PRESERVED, DRIED AND COOKED FRUITS AND VEGETABLES. The plaintiff has not obtained registration of the mark “ARUN” for the goods “Ghee”. Moreover, the plaintiff claims use of the mark “ARUN” only from 30th January 2006, for the goods “Ghee”. Whereas, the defendant has honestly adopted the label mark ARUN AGMARK GHEE with cow on the background of the Mountain ever since 1989. Thus, the defendant has bonafidely adopted the label mark as honest and concurrent user since 1989. Therefore, the prior user cannot be injuncted from using the mark by a non-user.
