KEWAL KRISHAN KUMAR Vs. RUDI ROLLER FLOUR MILLS

JUDGEMENT

(1.) This suit for perpetual injunction restraining infringement of trade mark, passing off, damages and rendition of accounts has been filed by the Plaintiffs against the Defendant alleging that the trade mark 'SHAKTI BHOG' was adopted by M/s Kumar Dal Mills in the year 1975. M/s Kumar Dal Mills was a partnership firm of Plaintiff no. 1 and his two brothers Jagmohan Kumar and Shri Harbans Lal Kumar.

(2.) It is stated that the trade mark 'SHAKTI BHOG' has been in continuous and extensive use in respect of goods, namely, flour (atta), gram flour (besan), dal, maida, sooji, rawa, bran and other preparations made therefrom and other cereals etc.

(3.) The trade mark 'SHAKTI BHOG' is duly registered under no. 391844 in Class 30 from 16th June, 1980 in respect of flour, dal (broken grains), besan and other preparations made from cereals under the provisions of the Trade and Merchandise Marks Act, 1958 (the Act).