ATLAS CYCLE INDUSTRIES LIMITED Vs. HIND CYCLE LIMITED

JUDGEMENT

(1.) This Regular First Appeal has been filed by Messrs Atlas Cycle Industries Ltd., plaintiff in Regular Suit No. 18 of 1958, on the file of the Court of the District Judge, Delhi, against the judgment and decree of the said District Judge, dated 27th November, 1961, dismissing the suit. The defendants in the said suit were Hind Cycles Ltd. (respondent 1) and the Registrar of Trade Marks, Bombay (respondent 2).

(2.) The appellant (plaintiff) is a company incorporated in 1950 under the Indian Companies Act, 1913, and has its registerd office at Sonepat (Punjab). Respondent (defendant 1) is also a limited Company incorporated under the Indian Companies Act, and it carries on business in the manufacture of cycles and cycle accessories at Bombay. Respondent 2 (defendant 2) is the Registrar of Trade Marks under the Trade Marks Act 1940.

(3.) The case of the appellant (plaintiff) was that in 1938, the firm of Messrs Janki Dass & Co., a partnership concern carrying on business at that time at Lahore, began to import bicycles into India under the Trade Mark "EASTERN STAR", that in course of time the said bicycles acquired a reputation in the trade and with the public, and that the trade mark "EASTERN STAR" became associated in the minds of the public with the goods of the said firm Messrs Janki Dass & Co. It was stated in the plaint that the said Messrs Janki Dass & Co. applied for and obtained, in or about 1943, registration of the design of the monogram used by them as No. 12052 as of the date 15th February, 1943, in respect of cycles and their accessories in Class 12 (vide Exhibit P.1), that the said Messrs Janki Dass & Co. also applied and obtained registration of their trade mark comprised of the words "EASTERN STAR" as No. 11426 as of the date 5th February, 1943 (vide Exhibit P.2), and that from the said respective dates, the said trade marks were renewed for a period of 15 years in favour of the firm Messrs Janki Dass & Co.