ZIPPO MANUFACTURING COMPANY Vs. JASWINDER SINGH

JUDGEMENT

(1.) THE plaintiff has instituted this suit (i) for permanent injunction restraining the two defendants from using the plaintiff's registered trademark ZIPPO in an unauthorized manner on the product or the casing or on the pamphlets or in any other manner, amounting to infringement of plaintiff's registered trademark under No.562863 and 562866; (ii) for restraining the two defendants from passing off their products as that of the plaintiff; and, (iii) for the ancillary reliefs of delivery and rendition of accounts and damages, pleading: -

(2.) THE suit was entertained and vide ex parte ad interim order dated 13th March, 2006 the defendants restrained from dealing in ZIPPO branded lighters and from infringing the trademark of the plaintiff in any manner whatsoever.

(3.) BOTH the defendants filed separate written statements contending that they were small vendors and were selling the goods purchased from others and unaware of the rights of the plaintiff and undertook to stop doing the same. The defendant no.2 Shri Sunil Kumar also took a plea that as per his information, his goods were genuine ZIPPO products.