DEEPAM SILK INTERNATIONAL BANGALORE Vs. DEEPAM SILKS MYSORE

JUDGEMENT

(1.) THESE appeals are filed against the common. ,order dated 22-2-1997 on ia I in O. S. No. 132 of 1996 on the file of the learned First Additional district Judge, Mysore. Both the plaintiff and defendant have filed appeals questioning the impugned order.

(2.) THE plaintiff-M/s. Deepam Silk International, a registered partnership firm from Bangalore filed a suit before the Trial Court at Mysore. The case of the plaintiff was that it is a registered partnership firm carrying on business in the sale of silk sarees and textile piece goods under the brand name 'deepam' and it has opened a showroom at M. G. Road, Bangalore and carrying on its business since 1981. It was stated that its trading style Deepam has become popular all over India and the plaintiff has been receiving orders from all over India for supply of silk sarees and textile materials. Due to intrinsic quality and reputation built over the number of years, silk sarees and textile pieces sold by it under their brand name Deepam have become very popular. It is stated by them that they have spent considerable amount on advertisements. Due to intrinsic quality and reputation built over the number of years silk sarees and textile pieces sold by it under their brand name Deepam have become very popular. It is stated by them that they have spent considerable amount towards advertising in their trade name Deepam through newspaper and TV and they have also applied for registration of the said trade mark Deepam and they have been given a provisional No. 627841. It is stated by them that they have been spending several lakhs of rupees towards advertisements from the year of its inception in 1981 to the date of filing of the plaint.

(3.) THE defendant-M/s. Deepam Silks, a shop doing business in the sale of silk sarees and other textile materials is running business at mysore. It is alleged by the plaintiff that the defendant is also trading in sarees and dress materials adopting the trade name Deepam Silks, which according to the plaintiff is conveniently and deceptively similar to their trading style. It is stated by them that the defendant is using the said name fraudulently and deceptively in an attempt to pass off the similar goods as that of the goods of the plaintiff. Plaintiff has stated that he has been receiving several phone calls from his customers from mysore enquiring as to whether a showroom where the defendant is doing the business with the name 'deepam Silks' belongs to the plaintiff. Therefore, it is stated by the plaintiff that the defendant by adopting the trade mark is confusing the bona fide and valuable customers and make them believe that the defendant's showroom in Mysore is a branch showroom of the plaintiff. The plaintiff alleged that using of the same or similar sounding trade name amounts to infringement of the trade mark and passing off action under the Trade and Merchandise Marks Act, 1958, hereinafter referred to as the 'act'. Plaintiff therefore prayed for a perpetual injunction restraining the defendant from using the name 'deepam' to their shop where they are doing business in similar goods as that of the plaintiffs.