MITASO APPLIANCES LIMITED Vs. MEHTA ZINABHAI BHIMJIBHAI

JUDGEMENT

(1.) The present, suit has been filed by M/s Mitaso Appliances Ltd (hereinafter described as the plaintiff) seeking, a perpetual injunction to restrain the defendant its servants, agents representatives from manufacturing, selling or otherwise dealing in gas lighters or other goods under the trade mark MITASO or any other trade mark identical or deceptively similar to the plaintiff's trade It also seeks a permanent injunction to restrain the defendant, its representatives or servants or from manufacturing or otherwise dealing in gas lighters and all other goods under the trade mark MITASO.

(2.) The facts alleged are that plaintiff is engaged in the business of manufacturing and selling of LPG gas stoves, cooking ranges, industrial burners, water heaters, electric fans, electric mixer, grinders. cooler kits and other electrical household and kitchen appliances since the year 1992. From the said year the plaintiff has been using the trade mark, MITASO represented in a special particular planner for the said goods. The said trade marl is being used uninterruptedly and continuously. The mark MITASO also forms prominent part of plaintiff's corporate name i.e. Mitaso Appliances Ltd. The mark MITASO is an invented word having no meaning. The plaintiff is the registered proprietor of the trade mark MITASO in respect of installations of heating, steam generating, cooking and other items mentioned above.

(3.) It is further asserted that plaintiff is the first adopter, originator and true owner of this trade mark. It has given wide publicity to the trade mark M1TASO. On account of superior quality coupled with advertising of the goods and continuous use of the trade mark MITASO since 1982 the plaintiff had acquired unique reputation and goodwill. It is asserted that the defendant has recently started manufacturing and marketing electronic gas lighter under the identical and deceptively similar trade mark MITASO. The defendant is stated to be aware of the popularity and reputation of the plaintiff but with dishonest and malafide intentions has adopted the trade mark of the plaintiff. The purchaser and unintending purchasers of the said goods and gas lighters are general public and housewifes. They are unwary class of purchasers and therefore the trade mark used by the defendant indeed can deceive the said purchasers. Keeping in view these assertions the present suit has been filed.