BALLABHAI BITTHADAS Vs. MOHOMMAD MUGNI ABDUL QADIR

JUDGEMENT

(1.) The plaintiff has filed a suit for perpetual injunction and rendition of accounts. The plaintiff is a partnership firm which was established in the year 1976 and since then the firm has been carrying on the business of manufacturing and marketing 'LUNGIS'.

(2.) The plaintiff firm has been using the term "SUN BRAND" as its trade mark in relation to its product since 1.4.1978. According to the averments of the plaint, the plaintiff firm applied for registration of the said trade mark "SUN BRAND" for its product under application No. 536069 dated 9.10,1990 in clause 24, claiming user since 1.4.1978.

(3.) It is further averred in the application that the trade mark "SUN BRAND" on account of long established, continuous, regular and extensive user has acquired distinctiveness so much so that the said trade mark has come up to be exclusively identified and recognized with the said product. It is also averred in the plaint that the plaintiff during the past so many years has established large and extensive sale of his product under the aforesaid trade mark "SUN BRAND" throughout the country and has been spending substantial amount on the publicity of the trade mark. The plaintiff-firm's annual sales of the product under the trade mark "SUN BRAND" and/or artistic label "SUN BRAND" run into lakhs of rupees. The plaintiff-firm has also filed statement showing the annual sales figures of the said product alongwith the bills to demonstrate that the plaintiff-firm has been using the trade mark "SUN BRAND" since 1.4.1978.