AUTO PEX MOTOR CO Vs. DEEPAK SETHI

JUDGEMENT

(1.) They admit that they are borthers but love has been lost so much between them that no suggestion to patch the disputes has found favour.

(2.) Plaintiff (Auto Pex Motor Co.) is a partnership firm consisting of two partners Ramesh Chand Sethi and Kapil Sethi. It is engaged in the business of manufacturing and marketing of gaskets (auto goods). It is the sole proprietor of trade mark "Master Label" in relation to gaskets. During the course of business the plaintiff also started using the trade mark Super Master and Gold Master. The predecessors of the plaintiff had adopted trade mark "Master" in relation to gaskets in the year 1970 and continuously used the same upto 24/3/1994. The trade mark was assigned to the plaintiff vide deed of assignment of 24/8/1994. The plaintiff has continuously been using the said trade mark. M/s Auto Pex Sales India was the predecessor of the plaintiff.

(3.) The plaintiff in order to acquire statutory rights for the trade mark Master obtained registration and filed application for its registration. The trade mark was initially registered in the name of Auto Pex Sales. After it was assigned to the plaintiff it filed an application for bringing the said registration in the name of Chandermohan Sethi and Ramesh Chand Sethi, partners of the plaintiff. Plea has been raised that Chandermohan has since retired from the partnership and Kapil Sethi became the partner in the firm from 1/1/1999. An application was filed for recording the said assignment. The plaintiff claims that it has been using the trade mark "Master" label for a long duration. The defendant is engaged in the business of manufacture and marketing the gaskets and have adopted the trade mark Super Master label. Defendant no. 1 is the proprietor of defendant no.2. The said label "Super Master" label has only been adopted recently by the defendants. The defendant even filed a criminal complaint against the plaintiff u/s.78 and 79 of the Trade and Merchandise Marks Act, 1958. It is alleged that the defendant cannot use a similar trade mark Super Master Label and hence the present suit has been filed to restrain the defendants, his agents or servants from manufacturing, selling, offering for sale the gaskets under the trade mark Super Master label and similarly it is prayed that defendants should be restrained from selling, offering for sale, advertising or displaying articles with the same name (Super Master label).