MICOLUBE INDIA LTD Vs. MAGGON AUTO CENTRE

JUDGEMENT

(1.) The application under consideration being I.A. No. 3915/2009 has been filed by defendant no. 2 under Section 124 (1) of the Trade Marks Act, 1999 read with Section 151 of the Code of Civil Procedure, 1908 (referred to as the CPC for brevity) for stay of the present suit.

(2.) The present suit has been filed by the plaintiff for permanent injunction restraining the defendants from infringing of trade mark, passing off, rendition of accounts, damages, royalty, delivery up etc. praying, inter alia, for the following reliefs :

(3.) The brief facts leading up to the present case are that the plaintiff was company duly incorporated under the Companies Act, 1956 in 1986 and is engaged in the business of manufacturing and marketing petroleum products like brake and clutch fluid, lubricating oil, greases and other allied and cognate goods. In 1960, the plaintiff through its predecessors Sh. Chaman Lal Malhotra, Sh. Satinder Pal Malhotra and Sh. Deepal Malhotra trading as 'Malhotra Oil Corporation at C 65/1, Phase II, Mayapuri, Industrial Area, New Delhi' adopted the trade mark 'MICO' and 'MICO' label. 'MICO' trade mark and 'MICO' label have been registered by the said predecessors vide application no. 433800 and 433801 respectively, both dated 12th February, 1985 and in Class 4. The user claimed with respect to both is since 4th October, 1960. The registrations are stated to be renewed and valid.