CROMPTON GREAVES LTD. Vs. KUSHA APPLIANCES

JUDGEMENT

(1.) The Plaintiff has filed the present suit for permanent injunction against the Defendants for restraining the Defendants from infringing the trademark, copyright and for passing off, of the goods of the Defendant as that of the Plaintiffs.

(2.) The Plaintiff contends that the predecessor of the Plaintiff was founded in 1878 and consequent to subsequent mergers etc. in 1937, the present company was established in Bombay and subsequently the name of the company was changed to the present form.

(3.) The Plaintiff is engaged in designing, manufacturing and marketing high-technology electrical products and services related to electrical equipments, power generation, transmission, distribution as well as executing turnkey projects. The Plaintiff's trade name "Crompton" was invented by the Plaintiff's predecessors in 1937 and the trademark and trade name "Crompton Greaves" and the "CG" logo devices was introduced in 1966 and 1995 respectively. The Plaintiff claims to have been using the said trademarks continuously in respect of various products including cooler kits. The Plaintiff contends that a lot of time, effort and amount has been spent in promoting and marketing the brand image of the trademark "Crompton Greaves" and the "CG" logo device. It is contended that the said trademark and the logo by virtue of their inherent distinctiveness connote and denote the Plaintiff only.