WESTON ELECTRONICS LIMITED Vs. RAJESH AND COMPANY

JUDGEMENT

(1.) In this suit, the plaintiff has complained that its trade mark 'WESTON' for electronic and electric goods is beinp infringed by the defendant and the defendant is passing off its goods as that those of the plaintiff. Such activity of the defendant are resulting in and/or are likely to result in confusion in the mind of the unwary purchasers.The plaintiff has also filed with its suit an application for interim injunction restraining the defendant from manufacturing, selling or offering for sale or advertising or dealing in electronic or electric goods under the impugned mark 'WESTON' or any other mark which may be deceptively similar to the trade mark 'WESTON'.

(2.) The plaintiff has averred that it is engaged in the business of manufacturing, selling and trading in a variety of electric and electronic goods including some reproducing equipment, radios, television sets, calculators, cassette players, stereo system, video cassette recorders, general electric fittings, stablisers, locks, plumber- ing fittings etc. for the pastseveral decades. According to the plaintiff, they adopted the trade mark 'WESTON' in the year 1966 and ever since the trade mark has been an essential feature of the plaintiff tradingstyle as well.The plaintiff has also claimed that the goods under the trade mark/name 'WESTON' have been continuously and widely sold in India and abroad and the plaintiffs have been advertising the said trade mark 'WESTON' on a very extensive scale and have incurred very heavy expenses in publilcising their trade mark.The statement of annual advertising expenses and sales for the past several years shows quite impressive figures. The sales and advertisement expenses for theyears 1986-87ending31st December, 1987, 1988-89 ending31st March, 1989 and 1989-90 ending31st March, 1990 respectively are as under:- Year Sales Income Advertisement (including excise durt Expenses 1986-87 83,49,69,185 2,17,66,333 For the year ended on 31st Dec. 1987 1988-89 1,19,59,39.875 3,21,45,306For the period from 1st January to 31st March, 1989 1989-90 97,91,68,779 2,82,21,836 For the year ended31stMarch,1990. It is further stated that the word 'WESTON' has no meaning except that it is a very rare English surname, which is not to be found in India.The plaintiff has made a reference to the telephone directories of the four metropolitan cities in supportvf this averment.Plaintiff is the registered proprietor of the trade mark 'WESTON' registered at No.284394 dated 27th November, 1972 in class 9 of Trade and Merchandise Marks Act, 1958.The trade mark 'WESTON' of the plaintiff appears in a logo script, the important feature whereof are that letter T extends from W to N and letter W appears in bold lettering whereas the remaining letters appear in small letters and the said logo script of the trade mark 'WESTON' has been registered as an original artistic work under Copy Rights Act at registration No.A- 23576 of79.The word 'WESTON' is also a prominent part of the trading style of the plaintiff. In the course of the arguments, the plaintiff's counsel drew my attention to a number of instances in the past where parties have been attempting to infringe the trade mark of the plaintiff and the plaintiff has been instituting proceedings against those parties for infringement of its trade mark and succeeding in restraining the infringers from carrying out such activity. In the present case, the plaintiff has made a grievance of the defendant indulging in sale of electric and electronic domestic appliances, namely, washing machines, electric fans, desert cooler etc. under the trade mark 'WESTON' in respect whereof propriety rights have been claimed by the plaintiff.It is stated that the plaintiff came to know of the defendant's activities when it received a notice on 4th February, 1991 calling upon the plaintiff to desist from the use of the trade mark 'WESTON' inconnection with the washing machines manufactured by the plaintiffas the defendants were carrying on the business of manufacturing and selling washing machines and other electric and electronic goods under the trade mark 'WESTON.The said notice was replied to on 6th February, 1991 denying the allegations in the notice sent on behalf of the defendant.

(3.) The case of the plainliff is that the defendant's use of the trade' mark 'WESTON' in respect of the electric and electronic goods is resulting in immense deception and confusion and that such user by the defendant is leading to passing off the inferior qualities of the defendants for those of the plaintiff. It is alleged that the class of customers buying the goods of the defendant include unwary customers, housewives and othersemi-literate or illiterate in habitants ofsemi rural orrural areas.There are also certain shops in all cities where goods of the plaintiff and those of the defendants are sold across the same counters and the trading channels for goods such as washing machines of both plaintiff and the defendants are the same.lt is in the light of these allegations that the plaintiff has asked for the relief of injunction.