FMI LIMITED Vs. ASHOK JAIN

JUDGEMENT

(1.) This is a suit seeking permanent injunction against infringement of trademark and passing off. The plaintiff has also prayed for damages and delivery up of all infringing articles qua the plaintiff's trademark "FREEMANS", adopted for measuring tapes and part components thereof. The brief facts of the case are as under.

(2.) The plaintiff is a company registered under the Companies Act, 1956 and carries on the business of manufacturing and/or marketing and exporting measuring tapes and part components thereof. The trademark FREEMANS was registered under No. 215880 on 06.12.1963, in respect of tape measures under class 9 and the same trademark were registered under No. 44095 on 26.06.1985 with respect to measuring tapes and allied goods under the same class. It is contended that the plaintiff company has been in the said business for the past five decades, during which period, the trademark FREEMANS was adopted by National Tape Co., a partnership firm. This firm had a sister concern namely Freemans Sales Pvt. Ltd. Vide a family settlement, the trademark FREEMANS and the sister concern Freemans Sales Pvt. Ltd was allotted to one Mr. Madan Mohan Nayar, who was a partner in the firm National Tape Co. The plaintiff company i.e. Freemans Sales Pvt. Ltd then subsequently changed its name to Festo Measuring Industries Ltd. This name was again changed on 08.12.1999 to the existing name FMI Limited.

(3.) The plaintiff submits that its predecessors initiated the manufacture of Metal Wired Tape (under the trademark FREEMANS) for the first time in India, way back in the year 1950. The plaintiff contends that due to the long use of this trademark over the past five decades, the said trademark has become a leading brand in the country with a substantial market share. The plaintiff also submits that their products have been recognized on a global level with the plaintiff exporting the said products to over sixty countries and has increased its distribution by promoting its brand through the media.