SONY KABUSHIKI KAISHA Vs. R CHAND

JUDGEMENT

(1.) Plaintiff is a renowned manufacturer and merchant of a large variety of electronic goods under the trademark SONY. The trade mark SONY of the plaintiff has been registered as detailed in para 2 of the plaint. Registration certificates are Ex. P2 to P4. This trademark is registered in 177 countries of the world. worldover sales of SONY branded goods runs into several millions of US Dollars each year.

(2.) Despite import restrictions the plaintiff's specialised electronic equipment including broadcasting equipment and audio and video products under the trademark SONY continue to be sold in India. The plaintiff's export to India of SONY branded goods runs into several million Yen each year.

(3.) While scanning the market in February 1992 it was revealed to the plaintiff that the defendants are selling and offering for sale dual cone speakers bearing the trade mark SONY which speakers have no connection with the plaintiff. The plaintiff also purchased SONY branded speakers from the defendants against a cash memo dated 7.2.1992, (Ex. P6). By way of letter dated 22.6.1992, (Ex.P11), the plaintiff called upon the defendants to cease and desist from using the trademark SONY in relation to their goods. The defendants failed to comply with the notice though they sent a reply dated 13.7.1992, Ex. P12, hence the plaintif filed the instant suit.