SANCHETI APPLIANCES PVT LTD Vs. D K ELECTRICALS

JUDGEMENT

(1.) This common order will dispose of pending temporary injunctions in the four suits.

(2.) The facts necessary for disposing of this order are that the Plaintiff in all the four cases is M/S Sancheti Appliances Pvt. Ltd. (hereinafter referred to as "Sancheti"). In CS(OS) No. 1529/2006 Sancheti sues M/s D.K. Electrical (hereafter referred to as "D.K.") for alleged passing off in respect of trade mark "Pretty" used for electrical appliances such as sockets, switches and other allied products. D.K. in turn preferred a counter claim alleging that it is the proprietor of the registered trademark "Pretty" since 2004.

(3.) In CS(OS) No. 1530/2006 Sancheti sues M/S J.K. Electrical Industries (hereafter referred to as "J.K.") complaining of passing off in respect of trademark "Winner" used for marketing electrical appliances. In CS(OS) No. 2363/2007 a similar injunction is claimed as in CS(OS) No. 1529/2006, in respect of "Pretty" against the same Defendant i.e. D.K. In CS(OS) No. 2364/2007 Sancheti claims a permanent injunction and consequential reliefs against M/s Pritam Electrical (hereafter referred to as "Pritam") for passing off in respect of trademark "Pretty". Pritam claims to be assignee of the mark with effect from 01.04.2004 from M/s D.K. Electrical.