SHRI SUKHSAGAR HOTEL Vs. SUKH SAGAR ENTERPRISES

JUDGEMENT

(1.) THE defendant in O. S. 6/2001 on the file of the I Additional District Judge, Belgaum, has filed this appeal challenging the Order on I. A. No. 1 filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure.

(2.) FOR the sake of convenience, the parties will be referred to by their respective ranks before the trial Court.

(3.) THE plaintiff has filed the said suit for permanent injunction restraining the defendant, their servants or agents any one of them claiming through them in any manner infringing the plaintiffs well established trade mark 'sukhsagar' or any other trade mark which are in any way deceptively similar to the plaintiffs trade mark and trading style in respect of preparation of food items by using offending trade mark and for certain other reliefs. The plaintiff has averred that it has been using the trade mark 'sukhsagar' since 1976. The artistic work, design and get up in respect of the said trademark exclusively belong to it. The trade mark 'sukhsagar' has become popular all over India and that the said trade mark exclusively belongs to it and none else. At present it is running three branches at Bangalore and one at Mumbai. It is plaining to start a new hotel at Belgaum under the said trade mark shortly. With a view to protect the trading style and logo, it has secured the registration of its trade mark under Trade and Merchandise Act, 1958 and the same is registered under Nos. 465792, 465793 and 465794 respectively and the same has been renewed from time to time and is valid and subsisting. It has also given the details of its sales turnover and advertisement expenses from the date of inception, i. e. , 1976 till 2001-2002.