H K MALHOTRA Vs. JASBIR SINGH

JUDGEMENT

(1.) The Plaintiff No. 1, Mr. H.K. Malhotra is a partner of Plaintiff No. 2, H.K. Mahinder & Co. having its registered office at 2167, Khampur, Opp. West Patel Nagar, New Delhi-110027. The partnership has been in existence since 1967 and was duly formalized in 1992.

(2.) The Plaintiff No. 2 is engaged in manufacturing and selling brushes under the trademark MAHINDAR in two device/logo formats with reference to its artistic depiction as described in paragraph 7 of the Plaint since the year 1980. The trademark MAHINDAR was adopted and selected by the Plaintiff No. 2 as it was the name of the brother of the Plaintiff No. 1 who was also a partner with the Plaintiff's firm.

(3.) The Trademark was registered under the provisions of Trade and Merchandise Marks Act, 1958 in respect of brushes falling in classes 16 under No. 479533 in 1987 and 21 bearing No. 272693 in 1981.