T I DIAMOND CHAIN LIMITED Vs. SANTHOKH SINGH

JUDGEMENT

(1.) This is a suit brought by the plaintiff seeking a decree for perpetual injunction against defendant for infringement of their trade mark, copyright and also seeking a decree for passing off and rendition of accounts. Brief facts as set out in the plaint are that the plaintiff company is one of the leading, pioneer and well reputed manufacturers of chains, land sproket used in the Motorcycles, Mopeds under the trade mark Diamond/Diamond Super. According to the plaintiff, their products are well-known for their quality not only in the domestic market but they are also exporting their product outside India.

(2.) The plaintiffs are stated to be the registered proprietors of the trade mark 'Diamond' registered in Class 12 as of 2nd June, 1942 in respect of chains. The registration have been duly renewed from time to time and they are still valid and subsisting. It is further the case of the plaintiff that their company is not only the registered proprietor of the trade mark Diamond/Diamond Super but are also the absolute owners of the copyright which subsists in the original art work of the said packing material which is used for marketing the product of the plaintiff company which are the original artistic work created by them only and that the plaintiffs have been using the trade mark Diamond/Diamond Super in respect of their goods for quite long time and thus enjoy great reputation and goodwill all over India.

(3.) The plaintiffs in order to prove superior quality of the goods have given their sales figures right from 1991 till the filing of the suit i.e. 1997 which finds place at para 7 of the plaint.