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2.2 It is further stated that the word UNIVERSE is a very common word and there is no similarity between the products manufactured by the defendant and plaintiff. The name, color combination and arrangement of word UNIVERSE and artistic work on geometry box of defendant is quite different from the plaintiff's label, color combination and arrangement of name UNIVERSE. It is further stated that in plaintiff's Sh. Vijay Abrol Vs Mr. Lakshay Digitally signed Page no. 5 of 18 AJAY by AJAY PANDEY PANDEY Date: 2025.10.16 15:22:34 +0530 geometry box artistic work the word UNIVERSE is written in the middle of top of the geometry box but in the defendant's geometry box the same is written in the right side. The artistic work in the geometry box of plaintiff, the sun is at right side of geometry box but in the defendant's geometry box, the sun is at left side.

2.3 It is further stated that defendant had only manufactured 50 geometry boxes as sample by using word UNIVERSE but the same were not sold out and when it came to the knowledge of defendant that plaintiff is having a trademark of word UNIVERSE, the defendant disposed off the said geometry boxes and stopped using the word UNIVERSE on geometry boxes and thereafter not manufactured the geometry boxes by using word UNIVERSE.

2.4 In reply on merits, defendant does not deny the registration of plaintiff's trademark but vehemently disputed the date of user as stated in the plaintiff's trademark application. It denied that defendant has adopted identical trademark UNIVERSE in respect of mathematical instruments in his tradename Lakshay Enterpises on inner box and Reyansh Enterprises on box with confusingly similar color combination. It is further denied that defendant has been making sale of geometry box under trademark label UNIVERSE in clandestine manner in the same market. It is stated that there is no similarity between the products manufactured by the Sh. Vijay Abrol Vs Mr. Lakshay Digitally signed by Page no. 6 of 18 AJAY AJAY PANDEY PANDEY Date: 2025.10.16 15:22:46 +0530 defendant and plaintiff. Allegations in the preliminary objections are reiterated including the fact that that defendant had only manufactured 50 geometry boxes as sample by using word UNIVERSE but the same were not sold out and when it came to the knowledge of defendant that plaintiff is having a trademark of word UNIVERSE, the defendant disposed off the said geometry boxes and stopped using the word UNIVERSE on geometry boxes and thereafter not manufactured the geometry boxes by using word UNIVERSE. It is denied that trademark label of plaintiff is an original artistic work or the defendant has infringed the same. Dismissal of suit is prayed.

18. Learned counsel for defendant then argued that in the plaintiff's geometry boxes word UNIVERSE is written in the middle of top of geometry box but in the defendant's geometry boxes the same is written on the right side. Further in the artistic work of geometry box, the plaintiff's sun is on the right side but in the defendant's geometry box, sun is on the left side. He further argued that even color combination of both the Sh. Vijay Abrol Vs Mr. Lakshay Digitally signed Page no. 12 of 18 CS Comm 1411/2024 AJAY by AJAY PANDEY PANDEY Date: 2025.10.16 15:24:23 +0530 geometry boxes are different.