ROMESH KUMAR BHATIA Vs. ZORRIK ENTERPRISES

JUDGEMENT

(1.) In this suit based upon infringement of trade mark, the plaintiffs have sought a permanent injunction against the defendants for restraining them from infringing their registered trade mark "Zorex" by using deceptively similar trade mark "Zorrik" in reject of ties manufactured by them. Further reliefs by way of accounts etc. are sought. ^

(2.) Briefly stated, the averments made in the plaint are that the plaintiffs are the registered proprietors of trade mark "Zoex from 25th May, 1971 and are using it on ties manufactured by them since 7th June 1965. In the year preceding the mstitution of the suit) their sales from this business amounted to over rupees 8 lakhs. Huge amounts are claimed to be Spent by them over the publicity of. this trade mark. Becanse of superiority of their goods and the extensive publicity and skill in advertising, it is stated the plaintiffs' ties have achieved a unique reputation throughout India.

(3.) From middle of July 1973, it is alleged the defendants have started selling ties with mark "Zorrik" affixed on them. The same is stated to be deceptively similar to the plaintiffs trade mark "Zorex" and amounts to infringement of their rights. As such a notice was served upon the defendants to desist from affixing the mark "Zorrik". The defendants first assured the plaintiffs that they would discontinue their activities, but later again started infringing the trade mark.