HALDIRAM BHUJIAWALA LTD Vs. HALDIRAM FOODS INTERNATIONAL

JUDGEMENT

(1.) THIS petition is filed by accused Nos. 1 and 3 for quashing the proceedings in Crime No. 633/2002 registered by Koramangala police station and now pending enquiry before the learned additional Chief Metropolitan Magistrate Bangalore.

(2.) THE petitioners alongwith others have been alleged of commission of offences under Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 (hereinafter referred to as the Trade marks Act) and under Section 63 of the Copyrights Act and Section 420 read with Section 34 of the Indian Penal Code. Since the allegations and the dispute as well as the offences alleged to have been committed are practically technical in nature, it is not necessary to mention the allegations, and the reply addressed by both the sides.

(3.) A complaint under Section 200 Cr. P. C. has been filed by M/s. Haldiram Foods International ltd. against the petitioners here in and others for the aforesaid offences, inter alia, contending that the complainant firm is engaged in the business of manufacture and sale of sweets, namkeens and ready-to-eat snacks. The firm was established at Nagpur in the year 1989. That the products manufactured by the complainant are marketed throughout India for past several decades. That the complainant has registered its trade marks 'haldiram BHUJIAWALA' with the trademarks Authority in the Trademarks No. 285062; the trademark "haldiram bhujiawala" with its logo is in continuous use in the course of trade. The trade mark registered in the name of complainant firm is used not only in India but also in USA, UK, canada, Japan, Singapore, Hong Kong, Australia and UAE, etc. That the package material of the complainant is also registered under the Copyrights Act under registration Nos. A--55087/98 to a-55104/98. That the complainant has an exclusive right to the use of the trademarks and the logo being prior adopter and user.