TUDOR INTERNATIONAL Vs. ARREE CLOTHING INC.

JUDGEMENT

(1.) This suit has been instituted for restraining the defendant from passing off and infringing the trademark and copyright of the plaintiff in the label/logo ARRAY in relation to hosiery and readymade garments, by use of label/logo ARREE with respect to the same goods, as well as for ancillary reliefs of delivery up of the infringing material, rendition of accounts and damages, pleading:

(2.) Summons in the suit were issued on 28.03.2008 and an ex-parte ad-interim injunction restraining the defendant from using label similar to the plaintiff's label and/or using the same manner of representing its products and logo was granted in favor of the plaintiff.

(3.) The defendant thereafter filed its written statement whereunder it has traversed each and every averment in the plaint and in particular objected to the territorial jurisdiction of this Court in view of the fact that neither of the parties carry on any business or trade in Delhi. The defendant has further alleged that the plaintiff's own use of the trademark ARRAY is an imitation of the famous trade mark ARROW whereas the defendant's adoption (admitted to be in 2007) of the trademark ARREE is honest and stems from the name of the locality in which the grandfather of one of the partners of the defendant firm resided as well as the nickname of the son of the said partner.