T V VENUGOPAL Vs. N G SUBBARAYA SETTY

JUDGEMENT

(1.) Whether the proceedings in C.C.No.20249/2014 on the file of the IX Additional Chief Metropolitan Magistrate (ACMM), Bengaluru against the petitioner amount to abuse of the process of the Court and taking cognizance in the said case is sustainable, is the question involved in this case.

(2.) Petitioner and respondent are the manufactures and traders of Incense sticks. Petitioner s trade name is M/s. Ashika Incense Inc., and respondent establishment s name is M/s. N.G.Subbaraya Setty & Sons. The respondent was marketing his products under the trademark Eenadu . In 1986, he got registered the said trademark with the Registrar of Trade Marks, Chennai for marketing his products. The said registration was valid upto 1993.

(3.) The petitioner started to market his products under the trade mark Eenadu in 1995. Before he started to market his products under the said trade mark, the petitioner applied to the Trade Mark Registry to verify whether anybody owns the trademark Eenadu . The Trade Mark Registry issued Certificate as per annexure-W dated 07.01996 stating that such trademark is not registered in anybody s favour.