Court restrains Bemina shopkeeper from using Mughal Darbar’s name

Court restrains Bemina shopkeeper from using Mughal Darbar’s name

SRINAGAR: A court here on Saturday restrained a shopkeeper from Bemina continuing his business under the name and style of Mughal Darbar Bakery and Confectionary.
The Court of City Munsiff, Sheikh Gowhar Hussain, passed the directions after Mughal Darbar Bakery and Confectionary of Residency Road here, through its proprietor Kaiser Ahmad Grustoo approached it, stating that his firm was registered under relevant provisions of Trade Mark Act 1999 and that the shopkeeper from Bemina, Hilal Ahmad Shah, cannot use his name to run the business.
Grustoo urged the court to restrain Shah from continuing his business unit as it will bring “bad name” to his registered trademark and firm. He said the shopkeeper has refused to change the name despite repeated requests.
“Prima facie case is made out in favor of the Grustoo and balance of convenience also tilts towards him and (he) shall suffer irreparable loss in the event relief is not granted,” the court observed.
Subsequently, the court restrained Shah from commencing his business under the name and style of Mughal Darbar Bakery and Confectionery at Bemina Srinagar or any other place till next date of hearing on February 11.
The Court also asked the Grustoo to provide all related documents to the court and file an affidavit within two days while granting liberty to the Shah to approach the court for vacation, modification, alteration, cancellation or clarification of the order. Grustoo was represented by advocate Nasir Qadri.

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