SWATI AUTO AGENCIES Vs. NEW KAPOOR AUTO CENTRE

JUDGEMENT

(1.) This is an appeal filed by the appellants, M/s. Swati Auto Agencies, against the ex paste interim order of the learned single Judge dated 14th March 2001.

(2.) The facts of the case, as per the appellant, are as follows :

(3.) On the other hand the case of the respondent-plaintiff is that it is the registered proprietor of trade mark SWATI since 1980 for automobiles and the label SWATI is also registered under the Copyright Act. further stated that the sales and advertisement expenses during the year 1999-2000 were Rs. 21,09,725.00 and Rs. 3,274 respectively. It is further submitted that the respondent for the first time came to know about the infringement of their trade mark in the month of Nov. 1996 by the defendants-appellants for which a legal notice dated 19th Nov. 1996 was served on the appellants-defendants. Another notice was served on 25th Jan. 1998. Since the defendants-appellants did not stop the infringement of the trade mark and copyright SWATI inspite of notices the respondent/plaintiff filed a suit on 12th March 2001 for infringement and passing off, and the impugned exparte interim order was passed on 14th March 2001 by the learned single Judge.