H.S. SAHN Vs. MUKUL SINGHAL

JUDGEMENT

(1.) The suit has been filed by the plaintiff/Sh. H.S. Sahni as the sole proprietor of M/s M.K. Auto Sales Corporation, which is stated to manufacture and trade in a wide range of automobile fittings, control cables and spare parts and other allied goods, against the defendant No.1/Mukul Singhal and defendant No.2/Gaurav Singhal, who are partners of the defendant No.3/M/s M.G. Cables (India) and are stated to be brothers.

(2.) The plaintiff claims to have commenced his business in the year 1986 under the trade name of M/s M.K. Auto Sales Corporation. The plaintiff applied for registration of his trademarks 'M.G.' and 'M.G.I.' stating 'user' since 1989, since the plaintiffs firm had obtained Sales Tax registration in that year. The trademarks 'M.G.' and 'M.G.I.' were registered on 7/7/1998, though the 'user' was claimed from 1/4/1989. Due to the hard work, efforts, investment and promotions, the public at large had begun to identify the trade marks 'M.G.' and 'M.G.I.' solely and exclusively with the goods and services of the plaintiff and his firm. The plaintiff claims to have adopted the mark 'M.G.' in honour of his mother, who was affectionately known as 'Mohinder G' and 'M.G.I.' was an extension of this trade mark.

(3.) According to the plaintiff, the defendants are manufacturing, marketing and selling identical products as that of the plaintiff, such as automobile components inter alia including clutch cables, control cables, front brake cable, rear brake cables, speedometer cables, seat lock cables etc., under the impugned trademark 'M.G. Cable' and trade name 'M.G. Cables (India)', which is nearly identical/deceptively similar to the marks of the plaintiff namely 'M.G.' and 'M.G.I.'.