J R KAPOOR Vs. MICRONIX INDIA

JUDGEMENT

(1.) This appeal is directed against an interim order of the High court by which the appellant is injuncted from using the trade mark 'microtel', the logo 'm' and the carton for manufacturing and selling his products which consist of electrical and electronic apparatus, instruments, TV boosters and TV tuners.

(2.) We have heard the learned counsel on both sides. We also examined the trade marks and logos as well as the cartons used by both the parties for selling their respective products. We also examined the relevant authorities on the subject, cited by the learned counsel.

(3.) The undisputed facts are that both the respondent-plaintiff as well as the appellant-defendant manufacture and sell various electrical and electronic goods, cable TV, aerial boosters, solid state boosters etc. The appellant was one of the partners of the firm, viz. , M/s Micronix India along with the respondent- plaintiff. The firm was manufacturing and selling the said electrical and electronic products, apparatus and instruments etc. since 21-9-1977. The said firm had a registered trade mark, viz. , 'micronix' and logo 'im' 'i' being shown in the well of 'm' and both letters being in black and white. The trade mark was also in black and white colours. The partnership was dissolved on 14-2-1992 by a consent order filed in Suit No. 494 of 1991 instituted in the court of Sub-Judge, Delhi. Under the terms of the compromise the said trade mark was allotted to the respondent-plaintiff. Thereafter, the appellant- defendant started his own business of manufacturing more or less the same products, in the name and style of M/s Microtelmatix with the trade name microtel. He took simple M as his logo with the letter and background designed completely differently. Both the logo 'm' and the trade name 'microtel' were in colour, viz. , blue and red respectively.