PREM RATAN RATHI Vs. ASHISH IRON TRADING CO.

JUDGEMENT

(1.) This is a suit for permanent injunction restraining the infringement, passing off, unfair competition and dilution of the trademark "RATHI", along with rendition of accounts and for destruction of all material bearing the impugned trademark/trade name.

(2.) The case of the plaintiffs is as follows. Plaintiff No.7, Rathi Research Centre (hereinafter referred to as "the trust"), is a trust registered under the provisions of the Indian Trusts Act, 1882. Plaintiffs no. 1 to 6 are its trustees and they all belong to the family of late Sh. Gordhan Das Rathi. Plaintiffs no. 8 and 9 (hereinafter referred to as "the companies") are two companies that are managed and controlled by the trust. The companies were incorporated under the provisions of the Companies Act, 1956, having their registered offices in New Delhi.

(3.) The plaintiffs submit that the trust was created with the object of maintaining uniform quality of the products manufactured and sold under the trade mark "RATHI" and to regulate the use thereof amongst the companies. They submit that the trademark "RATHI" was registered under No. 363735 on October 16, 1980 in the name of Gordhan Das Rathi Steels (P) Limited in respect of steel bars included in Class 6 of the Trade and Merchandise Marks Act, 1958. And that through a deed of assignment dated February 1, 1996, the registered mark "RATHI", along with the goodwill and the business, was assigned in favour of the trust. The plaintiffs also submit that the name of the trust is recorded as subsequent proprietor of the registered trade mark "RATHI" in the records of the Registrar of Trade Marks and the said trademark has been renewed and is valid and subsisting till date.