By virtue of the impugned order, the defendants i.e. the present appellants have been restrained from doing their business in the companycerned name and therefore, the appellants have approached this Court.
The plaintiff claiming trade mark of their surname RAKYAN filed a suit praying, inter alia, that the defendants be restrained from doing their business in the name and style of NEENA AND RAVI RAKYAN.
The defendants are dealing in jewellery, which is admittedly a family business of the plaintiff as well as the defendants.
3 ANIL R. DAVE, J. Leave granted.
The defendants are doing business in the name and style of NEENA AND RAVI RAKYAN, whereas the plaintiff firm is also dealing in jewellary and doing the business in the name and style of Rakyans Fine Jewellery.
In the said suit, an application seeking interim relief was filed whereby it was prayed that the defendants be restrained from doing the business in the name and style of NEENA AND RAVI RAKYAN.
Both are doing business in Delhi and their shops are abutting each other.
Being aggrieved by an interim order passed in a civil suit, the appellants original defendants have approached this Court by way of this appeal.
It is an admitted fact that the partners of the plaintiff as well as the defendant firms belong to the same family sharing a companymon surname Rakyan.
