JOHNSON APPLIANCES (P) LTD. Vs. H.E. INDUSTRIES

JUDGEMENT

(1.) The plaintiff filed IA No. 5352/2008 under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 ('CPC for brevity) for an interim injunction restraining the defendants, their family members, promoters, officers, agents etc. from using the word/ name/ mark "JOHNSON" in relation to electric water heaters (including instant geysers) in any manner as such use would result in infringement of the plaintiffs registered trademark and passing off of the defendants' goods as those of the plaintiffs.

(2.) The brief facts of the case are that the mark "JOHNSON" was registered on 14.09.1960 vide registration No. 197998-B in class 11 in the name of the predecessors in interest i.e. M/s. Jain Industries of the plaintiff with regard to hot plates, toasters and water boilers.

(3.) The predecessors in interest M/s. Jain Industries was a partnership firm which was dissolved on 01.04.1967 and on the same date a new partnership was constituted which continued business under the mark "JOHNSON".