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Judgment
Pradeep Nandrajog, J.—Learned Trial Judge has noted the following facts:
(a) That the respondent had prima facie established with reference to documents having commenced business in 1998 using the trade mark ''MECO'' in relation to hardware and in particular locks.
(b) That respondent No. 1 had obtained registration under the Trade Marks Act, 1999 in the year 2003 pertaining to goods in Class 6, 8 and 12.
(c) That the appellant claimed to have started selling locks under the same trade mark in the year 2005.
From the aforesaid 3 basic facts, with reference to the case law, learned Trial Judge has concluded that not only is the respondent a prior user but has obtained registration of the said trade mark in the year 2003 pertaining to hardware and in particular locks and thus would be entitled to exclusively appropriate said trade mark.
In find no infirmity in the impugned order dated 14.11.2007.
The appeal is dismissed.
However, since appellant is suffering an injunction it is hoped and expected that the learned Trial Judge would expedite the suit and try and pronounce the decision within a year.