MICRO HITECH INDUSTRIES Vs. UTTAM GAUTAM APPLIANCES

JUDGEMENT

(1.) The appellant, Micro Hitech Industries, has challenged the legality of the judgment and decree dated 31.1.2017, passed by the XVIII Addl. City Civil Judge, Bengaluru City (CCH-10), whereby the learned Judge has dismissed the suit filed by the appellant against the respondent, M/s. Uttam Goutam Applicances.

(2.) Briefly the facts of the case are that in the year 1993, the appellant-plaintiff had registered the trade mark "Nandi" in Class-21 (Cooker and allied goods). The said registration is valid till 19.10.2017. Further, on 29.6.2009 the appellant had also filed registration of its label mark as "Nandi" in Class 21. The label mark was registered; the registration is valid till 29.6.2019. Furthermore, on 26.12.2013 the appellant had applied for registration of the mark "Nandi" under Class 21 for LPG Gas Stove. The said registration is valid till 23.11.2021.

(3.) To the utter surprise of the appellant, in 2014, the appellant discovered that the respondent, M/s. Uttam Goutam Appliances, was also engaged in .the business of manufacturing and selling pressure cookers, and Slied goods under the trade mark "Nandini". On 17.3.2014, the respondent had also applied for the registration of said trade mark in Class 21. On 18.3.2015, the appellant realized that the pressure cooker, being sold by the respondent, contains deceptively similar trade mark as the one used by the appellant. Thus, while the appellant uses the trade mark "Nandi", the respondent, the trade mark "Nandini".