MODI THREADS LIMITED Vs. SOM SOOT GOLA FACTORY

JUDGEMENT

(1.) M/s. Modi Threads Limited, a company incorporated under the Indian Companies Act, has brought the suit seeking permanent injunctions against the defendants restraining them from infringing the trade mark of the plaintiff, namely, "COCK BRAND" comprising of the device of the cock pertaining to threads and the yarn of the textile material and also restraining the defendants etc. from selling, advertising in any manner their threads and yarn of textile material in the impugned cartons or in similar or colourable cartons producing stylish imitation and substantial reproduction of the cartons of the plaintiff and also restraining them from manufacturing, selling, offering for sale, advertising directly or indirectly dealing in threads and yarns of textile material under the impugned cock device and the impugned cartons or any other mark, device or carton, as may be identical to and/or deceptively similar with the trade mark and carton of the plaintiff. Relief of rendition of accounts and delivering of all the impugned articles have been also sought in the suit.

(2.) In the suit the plaintiff has moved an application for grant of interim injunction till the disposal of the suit as contained in para 22 of the application. Ad interim ex parte injunction was granted vide order dated December 8, 1982. The defendants have moved two applications seeking revocation of the interim injunction granted and seeking some other relief in the alternative as they have now put up a draft device of 'cock' which is stated to be not similar with the alleged registered device of the cock and permission is sought that the defendants may be allowed to market their goods under the new device.

(3.) I have heard arguments in these applications and proceed to dispose them of by this order.