RAJESH RATHI Vs. GOLDEN RATHI STAR INDUSTRIES LTD

JUDGEMENT

(1.) This is a suit for permanent injunction restraining the infringement, passing off, unfair competition, 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. 12, Rathi Foundation, plaintiff (the Trust) is a trust registered under the provisions of the Indian Trusts Act, 1882. Plaintiffs no. 1 to 11 are its trustees and they all belong to the families of late Sh. Gordhan Das Rathi, Sh. Hari Kishan Rathi and Sh. Chand Rattan Rathi. The plaintiffs submit that the present suit has been instituted by all the trustees of plaintiff no.12 and is signed and verified by plaintiff no.4, Mr. Deepak Rathi, who is the constituted attorney of all the other trustees. Plaintiffs no.13 to 15 (hereinafter referred to as "the companies") are the 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. The suit on behalf of the companies has been instituted by Sh. Deepak Rathi, Sh. Pradeep Rathi and Sh. D. N. Khemka, who are the directors of plaintiffs no. 13 to 15 respectively.

(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 family members and family controlled companies. They further submit that the trademark "RATHI" was registered under No. 309435 on October 22, 1975 in the name of plaintiff no. 13, K. L. Rathi Steel Ltd. in respect of Ribbed T, Rounds, Squares, Flats, Joists, Angles, Channels and Re-rolled sections of common metal included in Class 6 of the Trade and Merchandise Marks Act, 1958. And that through a deed of assignment dated June 29, 1995 the registered mark "RATHI", along with the goodwill and the business, was assigned in favour of the Trust. The plaintiffs further 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.