TITAN INDUSTRIES Vs. NITIN P JAIN

JUDGEMENT

(1.) The defendants have moved this application under Order VII Rule 11 (d) of the Code of Civil Procedure read with Section 106 (1) of the Trade Marks and Merchandise Act, 1958 (for short `the Act') for rejection of the plaint. Before coming to the grounds on which the defendants want rejection of the plaint, I may state the case of the plaintiff in the suit.

(2.) The plaintiff, Titan Industries Ltd., is a joint venture of Tata Group and the Tamil Nadu Industrial Development Corporation (TIDCO). It was incorporated in the year 1987 and its activities include manufacture and marketing of watches, clocks and jewellery. It enjoys a 25% share of the total domestic market. The cause of filing the present suit is the manufacturing and marketing of watches by the defendants under the trade name SONA. It is alleged that the defendants have not only adopted a deceptively similar trade mark, but have also adopted a similar lay out and get up for the packaging and have copied the dials of the plaintiff. Therefore, present suit is filed for permanent injunction, delivery of rendition of accounts and damages. For the purpose of the application filed by the defendants, we are concerned with the reliefs claimed by the plaintiff in respect of rendition of accounts and damages and the prayer made in this behalf is as under: (d) An order for rendition of accounts of profits illegally earned by the defendants by reason of infringement of the plaintiff's copyrights, infringement of trade marks as aforesaid and by passing off their goods and/or business as the goods and business of the plaintiff, and a decree be passed against the defendants in the sum o the amount so ascertained. (e) An order for damages to the tune of Rs.5,05,000/- payable to the plaintiff on account of loss of sale and reputation.

(3.) It may also be noted that for damages relief is valued for the purpose of court fee and jurisdiction at Rs.5,05,000/- and for rendition of accounts the relief is valued at Rs.20 lacs.