VINOD KUMAR JAIN Vs. BLUMAC ELECTRICALS INDIA

JUDGEMENT

(1.) In this Suit under Sections 134 & 135 of the Trade Marks Act, 1999 the Plaintiff has prayed for the issuance of ad interim injunction restraining the Defendant from using, manufacturing, selling, advertising or displaying or directly or indirectly dealing in the trademark `Johnson' or any other trademark identical with or deceptively similar thereto. It is not in dispute that this trademark was in the ownership of Classic Equipments Pvt. Ltd., Delhi which had in fact assigned it to the Plaintiff vide Deed dated 1.4.1999. Classic Equipments Pvt. Ltd. had become the proprietor of the trademark `Johnson' on its acquisition of M/s Johnson Sales (India) by an Agreement dated 2.4.1992.

(2.) The factum of the execution of a Registered User Agreement dated 23.3.1992 between Classic Equipments Pvt. Ltd. and the Defendant for a period of 51 years, subject to payment of royalty by the Defendants is not in dispute. The Agreement also includes a covenant to the effect that if Classic Equipments is desirous of assigning the said trademark the Defendant shall have the first option of obtaining the assignment thereof.

(3.) The Deed of Assignment of the trademark is dated 1st April, 1999 between Classic Equipments and the Plaintiff as a consequence of a family settlement. Thereafter, by a legal notice dated 28.9.2000 the Defendant was informed that the Plaintiff having acquired the proprietorship of the said trademark and of its decision to terminate the Licence Agreement dated 23.3.1992. The Plaintiff thereafter caused another legal notice to be issued on April 21, 2003 making the following demands on the Defendants: 11. In view thereof vide the present notice you are called upon to immediately comply with the following:-