HELPAGE INDIA Vs. HELPAGE GARHWAL

JUDGEMENT

(1.) This order will govern the disposal of I.A.10583/98 filed under Order 39 Rules 1 & 2 read with section 151 CIVIL PROCEDURE CODE by the plaintiff and I .A. 3977/99 filed under Order 39 Rule 4 read with section 151 CIVIL PROCEDURE CODE by the defendant for vacation of the order dated 30/11/1998.

(2.) Suit was filed by the plaintiff, interalia, alleging that it is a non-Governmental organisation founded in the year 1978. Plaintiff organisation extends services to the elderly people throughout India by providing consultancy, training and financial support through 531 voluntary agencies. These voluntary agencies have taken up the cause of aged persons through 1400 service projects.

(3.) Plaintiff organisation has provided financial grants of over Rs.100 crores to these agencies. It is further alleged that the name of plaintiff organisation was conceived and adopted in 1978 and on account of long, extensive and continuous user thereof, the name has achieved a reputation in India as also abroad. Plaintiff's application for registration of trade mark 'Helpage India' in Class 16 in respect of paper, articles, cardboard articles, printed matter, newspaper, periodicals, books, greeting cards, calendars and gift items etc is pending for registration of trade mark. It is alleged that the defendant - Helpage Garhwal operating from 1512 T, wazir Nagar, Bishampitamaha Marg, New Delhi, is a Society registered in Delhi under the Societies Registration Act, 1860. The defendant claims that it is running social services as that of the plaintiff. It is stated that defendant has no right to use as part of its name 'Helpage' which is likely to create confusion and / or deception in the minds of people helping the plaintiff organisation. Adoption of said part of the name by defendant is a deliberate attempt to pass off its services as that of the plaintiff. It was prayed that by a decree of permanent injunction the defendant be restrained from using 'Helpage' as part of its name. Decrees of delivery of infringing materials and rendition of accounts for the last 3 years, have also been claimed.