Indian Kanoon - Search engine for Indian Law

(3) The defendants have contested the suit and have pleaded that the plaintiff is not the proprietor of the trade mark 'CMCS' and in fact, this trade mark belongs to some other person and the plaintiff has pirated this trade mark.

(4) It it no doubt evident that the trade mark being used by the defendants is almost similar to the trade mark of the plaintiff and the same is likely to deceive the general public as to the ownership of this trade mark. However, a legal question has been raised by learned counsel for the defendants that this 'CMCS' trade mark, in fact, belongs to a Govt. Organization, namely, Cmc Limited and the said organization has already filed a suit against the plaintiff seeking injunction to restrain the plaintiff from using the said trade mark. So, it is argued that the plaintiff being praetors of the trade mark of third person is not entitled to have relief of injunction against the defendants.