HARMOHAN SINGH Vs. GURBUX SINGH

JUDGEMENT

(1.) This Judgment shall dispose of plaintiffs suit for permanent injunction, passing off, infringement of copyright, rendition of accounts and delivery of offending goods for destruction.

(2.) Plaintiff filed this suit for permanent injunction etc. contending inter alia that he is the sole proprietor of the firm M/s Guaranteed Parts Manufacturing Company. He manufacturers and markets pipes and hoses for use in automobiles.

(3.) The plaintiff and defendant are real brothers who had been carrying on business of manufacturing motor parts, tractor parts, engine parts, machinery parts for use in automobiles in partnership under the name and style of M/s Guaranteed Parts Manufacturing Company at J-11/31, Rajouri Garden New Delhi under a partnership deed dated 20th September 1984. The partnership business acquired the trademark "GP" on 1st April 1985 in respect of pipes during the course of business. An application for registration of the trademark was filed by the partnership business. It was contended that the trademark of the partnership business is distinctive in relation to goods hoses and pipes. The terms of partnership carried on between the plaintiff and defendant were modified and a supplementary partnership deed dated 1st April, 1996 was executed between the parties.