PRESCO APPLIANCES Vs. N J INDUSTRIES

JUDGEMENT

(1.) The plaintiff-firm claims that it is manufacturing and marketing pressure cookers under two names viz. PRIYA and PRESCO PRIYA from 1st May, 1980. It has also applied for registration of these names with the Registrar of Trade-Marks from 16th May, 1982. The registrations have still to take place.

(2.) The defendants have on their part started manufacturing and marketing pressure cookers under the trade-name PRIYA from April, 1981 as per their written statement.

(3.) The plaintiff now by an application under Order 39 Rules 1 and 2, Civil Procedure Code. seeks to restrain the defendants from using the trade-mark PRIYA on this pressure cookers on the ground that the plaintiff has been prior user of the same. Apart from the circumstance that the plaintiff applied for registration of the two marks as aforesaid in May, 1980, the plaintiff has laid copies of certain invoices which show that it has, fact, been marketing pressure cookers under those names from August, 1980 onward. These circumstances prima facie bring out that the plaintiff has been prior user of the trade-mark PRIYA on its pressure cookers. There are, therefore, no reasons why the plaintiff should not be granted protection of the user or these names and the defendant should not be restrained from using the same name PRIYA on their pressure cookers and passing them on as those of the plaintiff.