- Court
- Kerala High Court
- Date of judgment
- Judge
- Basant Balaji
- Outcome
- Remanded
Headnote
Appeal allowed, the refusal of a temporary injunction set aside and the application remanded to the District Judge. The Judge below had exercised discretion arbitrarily and perversely in two respects. He did not look at the Commissioner's report or the application forms it produced from the defendant's office, which bore directly on whether the two businesses overlapped, both parties advancing loans. He also construed the device in front of the defendant's SAAF mark as the letter S when the defendant's own case was that it depicted a phoenix bird. The comparison required is whether an unwary person of average intelligence with imperfect recollection would be likely to think the defendant was part of the plaintiff.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.