UNITED BROTHERS Vs. UNITED TRADERS

JUDGEMENT

(1.) The plaintiffs United Brothers are the registered proprietors of the trade-mark 'United' registered under No. 274649 in class 21 in respect of aluminium hollow ware utensils for house-hold use. The plaintiffs manufacture and sell pressure cookers, different kinds of tiffin box and other allied products. The defendants are manufacturing and selling table ware, i.e., spoons, forks and knives under the trade mark 'United'. The trade name of the defendants is 'United Traders'.

(2.) The plaintiffs have alleged that they are in the trade of manufacturing and selling all types of utensils since 1957 and that in the last 3 years their goods have attained a unique name and popularity in the market and that their turn over in the 1980-81 was Rs. 23.25 lakhs and in the same year they had spent Rs. 1,18,722.88 on advertisements; that in June 1981 they found that the defendants were manufacturing utensils affixed with the mark 'United' which is exactly similar to the plaintiffs 'trade-mark' that the defendants by affixing the said mark on house-hold utensils including spoons are passing off their goods as the goods of the plaintiffs. The plaintiffs have alleged that they are in the market since 1957 and their goods are sold all over India and the defendants had the knowledge of their trade-mark and their adoption of the mark 'United' in respect of utensils made of any metal is dishonest and with fraudulent intentions.

(3.) The plaintiffs alongwith their plaint filed an application under order 39 rules 1 and 2 and section 151 of the Code of Civil Procedure for an ad-interim injunction order restraining the defendants from adopting the offending trade mark in relation to utensils including spoons.