LAKHAN PAL SHYAM KUMAR Vs. RAM PRASAD GUPTA

JUDGEMENT

(1.) The present suit has been filed by the plaintiff for permanent injunction and rendition of accounts against the defendant alleging infringement of its trademark "Shyam Surti".

(2.) Briefly stated the case of the plaintiff is that it is in the business of manufacturing, processing, marketing and distribution of chewing tobacco, khaini and surti under the trademark "Shyam Surti" since 1969 which is duly registered vide registration no. 312720 in class 34. It is the case of the plaintiff that in the month of May 2006 the plaintiff came to know that the defendants are manufacturing and marketing same goods as that of the plaintiff under the name "Om Shyam Surti" and even the packing is identical and deceptively similar to that of the plaintiff. According to the plaintiff the defendants are using the impugned mark out of greed with a view to take advantage of the reputation and goodwill of the plaintiff. The defendant no. 1 and 3 however filed a suit for declaration, injunction and damages under section 134(c) and 142 of the Trademarks Act against the plaintiff at Chitrakoot, U. P which is being contested by the plaintiff herein.

(3.) It is important here to give the sequence of events which has led the court to decide the matter at this stage. Vide orders dated 17th March, 2008 this Court framed issues arising out of the pleadings of the parties. Issue No. 1 which deals with the territorial jurisdiction of this Court was treated as a preliminary issue and counsel representing the parties had agreed that issue No. 1 should be taken up first. Issue No. 1 is reproduced as under:-