SURYA ROSHNI LIMITED Vs. ELECTRONIC SOUND COMPONENTS CO

JUDGEMENT

(1.) This is an application filed on behalf of the plaintiff underorder 39 Rules 1 &2 read with Section 151 of the Code of Civil Procedure and in' this application it has been prayed that the defendants, their servants, agents, dealers and representatives be restrained from manufacturing, selling, offering for sale or otherwise dealing and passing off their products of electronics chokes under the trade mark "EBHASKAR" with the device of a SUN or under any other identical and/or deceptively similar trade mark for the goods of manufacture of the plaintiffs.

(2.) Brief facts as stated in the plaint are that the plaintiff-company was originally incorporated on 17th October, 1973 as Parkash Tubes Pvt.Ltd. and changed its name to Surya Roshni Ltd. vide certificate dated 14th December, 1990 issued to this effect by the Registrar of Companies, Delhi and Haryana, New Delhi. It has further been stated in the plaint that since the year 1984, the plaintiff-company is engaged in the well established business of manufacturing and sale of flouroscent tubes, lamps, bulbs, chokes and fittings thereof. It has then been stated that since 30th October, 1984, the plaintiff-company has been using the trade mark "SURYA" in English, Hindi and other language in relation to their aforesaid products for sale purposes. It has further been .stated that the plaintiff- company has already applied to the Registrar of Trade Marks under the provisions of Trade and Merchandise Marks Act, 1958 for registration of their trade mark "SURYA" undervarious applications and one of such applications dated 23.7.85 was acepted for registration and advertised in Trade Mark 'Journal No.950 dated 1.1.89 in Class 11 at page No. 1130 and the said trade mark is proceeding to registration. It has also been stated that the plaintiff-company is the owner and proprietor or artistic work in the device of bulb and lamp which is duly registered under the copyright Act, 1957 and the plaintiffs are proprietors of the said trade mark "SURYA" in respect of the goods mentioned hereinabove since 30th October, 1984. It has also been stated that the plaintiffs during the past many years have established large and extensive sale of their said products under the aforesaid trade mark "SURYA" and the annual sales of the aforesaid products run in several crores of rupees.

(3.) It has been alleged in the plaint that from an advertisement inserted in Sandhya Time, New Delhi dated 31st August, 1991, the plaintiffs came to know that the defendants have adopted/started using the trade mark "BHASKAR" with the device of SUN in respect of their products of electronics chokes which is of the same nature, description and classification as the goods manufactured and marketed by the plaintiffs without the permission, consent or authorisation of the plaintiffs. It is further alleged that the use of trade mark "BHASKAR" with the device of SUN by the defendants for their said product of electronic choke is a misrepresentation made by the defendants in the course of trade to the customers and is aimed and calculated to injure the business, goodwill and reputation of the plaintiff and to cause potential damages to such business or goodwill.