ROOPAK STORES Vs. PUPAK DEPARTMENT STORE

JUDGEMENT

(1.) The plaintiff has filed the suit for permanent injunction and rendition of accounts on the averments that the plaintiff is a partnership firm doing the business under the name and style of M/s Roopak Stores since 1958. It has been doing the business of General Merchandise, Provisions,Spices, Pickles, Kiryana, Toiletry, Confectionary and Dry Fruits etc. Word 'Roopak' of M/s Roopak Stores is the principal part of the trading style as well as the business trade mark. Plaintiff has spent lacs of rupees on advertisements in respect of the said trading style and the trade mark on T.V., Radio, Newspaper and other medias of publicity. Sales of the plaintiff of the said goods run into crores of rupees. Said trading style and trade mark of the plaintiff and have acquired goodwill in the market. It is further alleged that the plaintiff came to know that the defendant started the business of the General Merchandise, Provisions, Spices, Pickles, Kiryana, Toiletry, Confectionary and Dry Fruits etc. under the trading style-"RUPAK DEPARTMENTAL STORE" of which the word Rupak is the principal part and Departmental Store being only descriptive. Defendant is passing off its goods as that of the plaintiff and the plaintiff has thus been suffering loss and damages.

(2.) Along with this suit the plaintiff had filed IA No.5584/97. Summons in the suit as well as notice in the application were served on the defendant. IA No.5584/97 under Order XXXIX Rules land 2 Civil Procedure Code was argued by both the parties and order dated 7th August, 1998 was passed allowing the said application and restraining the defendant from using the word 'RUPAK' as part of its trading name during the pendency of the suit. The said order is in operation.

(3.) After the aforesaid order was passed. defendant stopped appearing in the matter and by order dated 17th May, 1999 defendant was proceeded ex-parte. The plaintiff was permitted to lead ex-parte evidence by way of affidavits. Pursuant to this direction, the plaintiff filed affidavit of Sh.Roopak Gulati, one of the partners of the plaintiff firm. In this affidavit the witness has affirmed the various averments made in the plaint. The witness has also proved on record various documents. Label of the plaintiff is Ex .Public Witness-1/A. Cash Memo showing the trading name of the defendant is also similar to that of the plaintiff is Ex.Public Witness-1/B. The plaintiff has also placed on record the yearwise statement of the sales as Ex.Public Witness-1/C, sales tax certificate, assessment orders and sales bills as Ex.Public Witness-1/D, E, F as well as Public Witness-1/1-20 respectively.