YOSHIDA KAGYO K K Vs. RAPUDER JAM

JUDGEMENT

(1.) Defendant by this application wants ex-parte ,ad Interim injunction granted by this Court vide order dated 25th July, 1991 be vacated. The basis of this prayer is that the defendant had been selling genuine product purchased from M/s. Art Work Export Ltd. Calcutta. These products which were seized by the police were purchased against the bills and challans from the said concern who in turn had imported the same from the foreign manufacturer in Korea. The goods which the defendant bad been selling are all genuine nylon goods manufactured in Korea by the authorised manufacturers of the plaintiff under their alleged trade marks. Moreover after 1988 defendant has not been dealing in the sale of these products.

(2.) In Order to dispose of this application, the brief facts of the case are to be understood. Scantly the facts are that the plaintiff M/s. Yoshida Kogyo K.K. a company incorporated under the laws Of Japan having the registered office at Tokyo. Japan is manufacturing nylone zips under the trade mark YKK ? and ZAGLAN in respect of slide fasteners & [Slide Fasteners (zippers) hook loop type fasteners hooks and eyes button snap button and press button. The company has its factories in almost all over the world. Zip fastners are sold extensively by the plaintiff company in foreign countries as well as in India under the Trade Mark YKK and ZAGLAN. The trade mark YKK and ZAGLAN, according to plaintiff is associated with superior quality on account of which, It has acquired unique reputation and good-will in India and abroad. On its advertisement company is spending huge amounts. These are sold only through those shops, the dealers of which are approved by the company. The products of the plaintiff are reputed and superior in quality. Because of the long user of the trade mark it has acquired a distingtive character and its goods are identified as the superior quality goods.

(3.) It is the grievance of the plaintiff that the defendant started selling its spurious goods under the plaintiff's trade mark"YKK"nnd "ZAGLAN". Complaints were filed under Sections 156 (2) and 156 (3) of the Cr. P.C. General searches were ordered by the Additional Chief Metropolitan Magistrate, Delhi on 21st, 1990. On raid being conducted 'police recovered the goods from the possession of the defendants at their factory premises with the plaintiff's trade mark "YKK" and "ZAGLAN". Defendants requested for the release of these goods but the Magistrate rejected the request of the defendant. In spite of seizure of the goods, the defendant Is selling the spurious goods under the false trade mark of the plaintiff, as a result of which plaintiff has suffered. The public is likely to be deceived with the spurious product of the defendant.