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5.The plaintiff registered the said trade mark GAYATHRI together with the device of Goddess Gayathri under No.1317962 in class 3. The plaintiff has also registered his trade mark label GAYATHRI together with the device of Goddess Gayathri under Copyright Act and obtained copyright registration certificate under No.A-73467/2005.

6.The plaintiff has marked the trade mark registration certificate as Ex.P1, which is dated 29.10.2004. The copyright registration certificate dated 16.05.2005 is marked as Ex.P2 and the label of the plaintiff is marked as Ex.P3.

7.While so, during the third week of January 2009, the plaintiff was shocked to note that the defendant had started manufacturing and selling Sambrani sticks bearing the offending identical trade mark JAI GAYATHRI along with the device of Goddess Gayathri. The said label of the defendant is marked as Ex.P4.

8.It is the contention of the plaintiff that the trade mark used by the defendant is identically, deceptively and phonetically similar to that of him and that the defendant has no right or title or interest to use the trade mark JAI GAYATHRI together with the device of Goddess Gayathri for their products including Sambrani Dhoop Sticks or any other goods, which are similar to the products sold by the plaintiff bearing the registered trade mark and copyrighted artistic work. If the defendant is allowed to continue with infringing the trade mark of the plaintiff, it would lead to assumption that the plaintiff and the defendant have some trade connection and would lead the consuming public to think that the products including Sambrani Dhoop Sticks manufactured and sold by the defendant are the products of the plaintiff.