JAYA RAM BANAN Vs. MAHINDER DARA

JUDGEMENT

(1.) <DJG>Dr. Mukundakam Sharma, J.</DJG> The present suit is instituted by the plaintiff as against the defendants praying for a decree of permanent injunction restraining the defendants from using the offending trade mark/trade name "SUKH SAGAR" and also from passing off and for rendition of accounts as also for damages and delivery of the goods of the defendants to the plaintiff.

(2.) It is stated by the plaintiff that the plaintiff is carrying on the business of South Indian prepared foods in the name of SAGAR FOOD HOME, SAGAR RATNA and SAGAR. It is the further case of the plaintiff that he is using the trade mark SAGAR continuously and exclusively since 1980 in relation to the said business of the plaintiff and that the trade name 'SAGAR' and 'SAGAR RATNA' is known and popular for its quality South Indian food preparations.

(3.) The application for registration for registering the aforesaid trade mark 'SAGAR 'and 'SAGAR RATNA' filed by the plaintiff is pending for consideration by the appropriate authority under the Trade and Merchandise Marks Act. It is also stated that in the past the claim of the plaintiff in respect of the aforesaid trade marks has been upheld by this Court in Suit Nos.1147/1994 and 1563/1998. It is alleged that the defendant is carrying on the business of South Indian food under the name 'SUKH SAGAR'. It is also stated that the trade mark/name adopted by the defendants is identical with and/or deceptively similar with the trade mark and trade name of the plaintiff and, therefore, the present suit is filed seeking for the aforesaid reliefs.