B K ENGINEERING CO Vs. UBHI ENTERPRISES REGD

JUDGEMENT

(1.) "in the interests of fair trying and in the interests of all who may wish to buy and sell goods. the law recognises that certain limitations upon freedom of action are necessary and desirable. In some situations the law has had to resolve what might at first appear to be conflicts between competing rights. In solving the problems which have arisen there has been no need to resort to any abstruse principles but rather, I think, to the straightforward principle that trading must not only be honest but must not even unintentionally be unfair". [Parker Knoll Ltd. v. Knoll International Ltd. Lord Morris).

(2.) I preface my judgment with this statement of the law The reason is that it contains a complete answer to the question raised in this appeal.

(3.) The plaintiffs, the present appellants, B. K. Engineer ing Co. of Delhi, have brought a passing-off action against the defendants, the present respondents, UBHI Enterprises of Ludhiana. The plaintiffs claim permanent injunction, accounts and damages. The plaintiffs and the defendants are in the same line of business. Both firms are engaged in the manufacture of cycle bells. The plaintiffs started manufacturing bells as early as 1971. They adopted "B.K." as their house mark they, manufacture cycle bells under the trade mark Crown and Venus. The house mark "B.K." is used, prominently and in conspicuous manner, on the cartons as a circular logo device inthis form "B.K.-81". On the stand of the bell and the carton the name of the manufacture "B.K. Engineering Co." is stamped.