INDER INDUSTRIES Vs. GEMCO ELECTRICAL INDUSTRIES

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Trial Court dated 26.5.2008 decreeing the suit of the respondent/plaintiff for injunction against the appellant/defendant, and thereby restraining the appellant/defendant from selling any electrical switches and accessories thereof under the trade mark WONDER .

(2.) The disputes in the present case centre around ownership of the trade mark WONDER which is used with respect to electrical switches and accessories. Whereas the respondent/plaintiff claims ownership of the trade mark on account of prior adoption and user since the year 1984, the appellant/defendant denies the prior user of the respondent/plaintiff. The appellant/defendant claims that it was the first user of the trade mark from March, 1998. The suit for injunction which was filed was on the basis of the cause of action of passing off, as the trade mark of the respondent/plaintiff is not registered i.e. the suit is not for infringement of the trade mark.

(3.) By the impugned judgment, the Trial Court has held that the respondent/plaintiff is the prior user and the user was continuous from at least 1989 till the disputes started between the parties in 1998/1999 and also thereafter till the suit was filed in October, 1999.