VIRUMAL PARVEEN KUMAR Vs. GOKAL CHAND HARI CHAND

JUDGEMENT

(1.) This is a suit for perpetual injunction : for restraining the use of trade mark "555", passing of and rendition of accounts etc. In brief, the case of the plaintiff is that the plaintiff adopted the trade mark "555" alongwith the device of Swan with a distinctive colour combination in 1989 for buttons, safety pins, hooks, eye-lets, fastners etc. On account of continuous and long user the plaintiff has acquired proprietary rights in the above trademark and the above trademark is generally associated with name of the plaintiff and is considered as a standard of quality of goods. The plaintiff is stated to have built up a huge reputation and good-will in the market in respect of the above products under the said trade mark. The plaintiff is also stated to be lawful proprietor of the said trade mark under application number, 555498 dated 30th July, 1991 under class 26. The plaintiff is stated to be first adopter, originator, author and owner of the copy rights in the labels used for packaging purposes of the products. The plaintiff is also stated to have large and extensive sale of products under the said trade mark throughout the country and is also stated to be spending substantial amount on the publicity of the trade mark.

(2.) The plaintiff has filed a statement showing the annual sale of the products.

(3.) The plaintiff has further stated that he is the lawful proprietor of the trade mark and has got exclusive right to the user thereof. The plaintiff has further stated that it has been taking actions against the infringers of such trade mark It is also stated that plaintiff filed a suit against M/s. Shruti Fastners Ltd. bearing suit No.1273/1997. It is further stated that vide an order dated 23rd June, 1997, this Court restrained the defendant in the above said suit from using the trade mark "555" n respect of buttons and safety pins. The said suit is said to have been decreed.