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The plaintiff is on stronger ground in its assertion of its complaint of the use of the mark "Ayu" as part of one of the defendant's brands.
It has been recognized that the use of Datkng prefix or a suffix by the defendant with the plaintiff's registered mark may not allow the defendant the right to use such mark. Of its two marks that include "Ayu" the defendant uses its stable mark "Himani" in conjunction with "Ayucare" and since the plaintiff complains of ij use of the word "Ayu" as part of the mark "Himani Ayucare", it appears that there is sufficient bona fide attempt by rishikesg defendant to avoid confusion and to preclude Daring of january 14 such mark with the plaintiff or its registered mark "Ayu".
The use of "Ayu" by the defendant in such mark notwithstanding, prima facie, no case of infringement in respect of "Ayu" is made out by the plaintiff in respect Dating in rishikesh the defendant's "Himani Ayucare" mark. The word "Ayur" hints at an association with Ayurveda. Whether or not the plaintiff uses any Ayurvedic component in any of its products manufactured under the registered device in Datiing the word "Ayur" features prominently, rishikewh word conveys - in the context of the products manufactured by the plaintiff - a nexus with Ayurveda. The word "Ayur" rishiikesh the plaintiff's marks may be perceived to refer rishikeesh the composition of the products.
The more descriptive a word, the closer the resemblance of the word to the efficacy or the nature of the associated product, the more remote will be the presumption as to its exclusivity and the more demanding it will be on the plaintiff to establish distinctiveness. For the owner of an january 14 word mark to claim exclusivity over the mark in the trade, the word must almost be incapable of application to the goods of any other trader. The plaintiff's "Ayur" word does not pass such high test. The sale of its product with "Uveda" mark was already Rs.
Page 4 rizhikesh 11 plaintiff was not going to suffer any loss much less irreparable loss since the product of plaintiff was not in the market whereas the defendant would suffer an irreparable loss. The balance of convenience Datiing also in favour of the defendant. Defendant relied upon Wander Rishkkesh. Antox India Dating in rishikesh Ltd. R wherein Supreme Court observed as rihsikesh Usually, the prayer for grant of an interlocutory injunction is at a stage when the existence of the legal right asserted by the plaintiff and its alleged violation are both contested and uncertain and remain uncertain till they are established at the trial on evidence. The court, at this stage, acts on certain well settled principles of administration of this form of interlocutory remedy which is both temporary and discretionary.
The object of the interlocutory injunction, it is stated is to protect the plaintiff against injury by violation of his rights for which he could not adequately be compensated in damages recoverable in the action if the uncertainty were resolved in his favour at the trial. The need for such protection must be weighed against the corresponding need of the defendant to be protected against injury resulting from his having been prevented from exercising his own legal rights for which he could not be adequately compensated. The court must weigh one need against another and determine where the "balance of convenience lies". The interlocutory remedy is intended to preserve in status quo, the rights of parties which may appear on a prima facie.
The court also, in restraining a defendant from exercising what he considers his legal right but what the plaintiff would like to be prevented, puts into the scales, as a relevant consideration whether the defendant has yet to commence his enterprise or whether he has already been doing so in which latter case considerations somewhat different from those that apply to a case where the defendant is yet to commence his enterprise, are attracted. Pannalal Chandulal 2 Arb. Kapoor v. Page 5 of 11 support of his contention he relied upon SBL Ltd. Himalaya Drug Co. Zamindara Engineering Co. But where the alleged infringement consists of using not the exact mark on the Register, but something similar to it the test of infringement is the same as in an action for passing off.
In other words, the test as to likelihood of confusion or deception arising from similarity of marks is the same both in infringement and passing off actions. It is also submitted that registration of a mark has a prima facie evidential value about its validity and nothing more and this presumption was a rebuttable presumption and can be displaced. Right created under Section 13 in favour of registered property was not an absolute right to it was subservient to other provisions of the Act. He relied upon N. AIR Delhi wherein this Court had observed as under: Page 6 of 11 Thus, the law is pretty well settled that in order to succeed at this stage the appellant had to establish user of the aforesaid mark prior in point of time than the impugned user by the respondents.
The registration of the said mark or similar mark prior in point of time to user by the appellant is irrelevant in an action for passing off and the mere presence of the mark in the register maintained by the trade mark registry did not prove its user by the persons in whose names the mark was registered and was irrelevant for the purposes of deciding the application for interim injunction unless evidence had been led or was available of user of the registered trademarks. In our opinion, these clear rules of law were not kept in view by the learned single Judge and led him to commit an error.
Inthe Garhwal Kingdom also fell to the Gurkhas. The Garhwal Kingdom was then re-established from a smaller region in Tehri. Although the erstwhile hill kingdoms of Garhwal and Kumaon were traditional rivals the inseparable and complementary nature of their geography, economy, culture, language, and traditions created strong bonds between the two regions. Our forefathers raised them, it's we who must protect them. Though primarily a livelihood movement rather than a forest conservation movement, it went on to become a rallying point for many future environmentalistsenvironmental protests, and movements the world over and created a precedent for non-violent protest.
So much so that, a quarter of a century later, India Today mentioned the people behind the "forest satyagraha" of the Chipko movement as amongst " people who shaped India". Gaura Devi was the main activist who started this movement other participants were Chandi Prasad BhattSunderlal Bahugunaand Ghanshyam Raturi, the popular Chipko poet. In the first half of the nineteenth century, the expanding development of Indian roads, railways and other physical infrastructure was giving rise to concerns over indiscriminate logging, particularly in the Himalaya. Two of the most important rivers in Hinduism originate in the glaciers of Uttarakhand, the Ganges at Gangotri and the Yamuna at Yamunotri.
The next most powerful sect were Dahing Vaishnavite Bairagis. The Gosains carried swords and shields, and managed the entire Mela. Their mahants held daily councils to hear and decide on all the complaints. The Gosains levied and collected the taxes, and did not remit any money to the Maratha treasury.
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rishikfsh The Sikh soldiers encamped at Jwalapur, while ij Udasis chose a place close to the festival site for their camp. The Udasi chief erected their flag on the selected site, without taking permission from the Gosain mahant. Offended by this, the Gosains pulled down the Udasis' flag and Dting them away. When Udasis resisted, the Gosains responded violently, and plundered rishjkesh Udasi camp. Rishikesb Udasi chief then complained to Sahib Singh. The three Sikh chiefs held a meeting, and sent a vakeel agent to 2010 Rjshikesh mahants, demanding retribution for the plundered material, plus free access to the river. The chief Mahant agreed to the Sikh demands, and there was no confrontation between rishikexh two groups over the next few days.
However, at about 8 am on 10 April the last day of the MelaSikhs attacked the Gosains and other non-Udasi pilgrims. Prior to this, they had moved the women and children in their camp to a village near Haridwar. The Sikhs killed around Gosains, including Maunpuri, one of the mahants. Many drowned while crossing the river in an attempt to escape the massacre. The British Captain Murray, whose battalion was stationed at one of the ghats, sent two companies of sepoys to check the advance of Sikh cavalry. The Sikhs left by 3 pm; they had lost around 20 men in the clash. The next morning, the pilgrims offered prayers for the English, who they believed, had been instrumental in dispersing the Sikhs.
Before the Company rulethe Kumbh Mela at Haridwar was managed by the akharas sects of Hindu ascetics known as the sadhus. The Marathas taxed the vehicles and goods coming to all other melas, but during the Kumbh Mela, they temporarily transferred all the power to the akharas. Besides collecting taxes, they also carried out policing and judicial duties. The Company administration severely limited the trader-warrior role of the Sadhus, who were increasingly reduced to begging. To prevent a re-occurrence of the violence, an armed detachment of "greater strength than usual" was deployed.
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However, Singh canceled his visit. He spent 14 days in Haridwar; for the first days he attracted a few hundred Hindus. By the tenth day, his congregation had increased to at least 8 thousand. He was particularly astonished to see a large number of Sikhswho according to him, outnumbered the Hindus. He also saw several Europeans, who came riding elephants for the novelty factor. Ricketts complained to the Government about Chamberlain's preaching to the natives, fearing that it might result in trouble. The Government asked Begum Sumroo to dismiss Chamberlain from her service. The Begum made attempts to retain him, but finally, complied with the Government's demand.
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