RAM PAL CHAUHAN Vs. COUNTY APPARELS

JUDGEMENT

(1.) This suit for permanent injunction, passing off, damages and delivery up has been filed by the Plaintiff against the Defendants with the averments that the Plaintiff is a proprietor of firm 'M/s. Classic Apparels' and is carrying on business of readymade garments, particularly jeans under the trademark DEVIN.

(2.) The said trademark was adopted by the Plaintiff in the year 2003 and the goods were introduced in the market in the year 2004. The turnover in respect of the goods sold by the Plaintiff under the trade name DEVIN rose from Rs. 1,47,14,866/- in the year 2004-2005 to Rs. 11,48,57,719/- in the year 2006-2007.

(3.) It is averred that the Plaintiff also applied for registration of the said trademark by application no. 1322761 on 29.11.2004 in relation to readymade garments and the said application is pending registration. (It is urged that the application has since been stated to be abandoned by the order dated 02.09.2014 uploaded on the site of the Trade Mark Registry and the Plaintiff is taking steps for setting aside of abandonment).