ORG ENTERPRISES Vs. SURENDRA ELECTRICALS

JUDGEMENT

(1.) Along with the suit which inter alia seeks a decree for permanent injunction restraining defendants from using the word 'HAVELL'S as its mark or as part of its corporate name, plaintiffs sought interim injunction as per prayer made in IA No. 7880/2004. On 25.11.2004 an ex parte ad interim injunction was granted to the plaintiffs restraining the defendants' its Chairman, Directors, Promoters, Officers, Servants, Agents and any one acting on their behalf from using the mark 'Havell's' or the corporate name 'Havell's Electronics Pvt. Ltd.' on any of their brochures, products and packaging. By means of IA 75/2005, defendants pray that the ex parte ad interim injunction be vacated. Arguments were heard on both applications on 31.1.2005. Plaintiffs filed IA No. 1906/2005 and prayed for leave to file some documents which as per plaintiffs were relevant for determination of the issues raised. Application was allowed vide order dated 10.3.2005. Defendants were granted liberty to file documents in rebuttal. Needful has seen done by the defendants.

(2.) One Shri Haveli Ram Gandhi commenced business in electrical goods in the year 1942 and traded under the name and style 'Havells Electricals Sales Corporation'. It was his sole proprietary firm. By 1971, Shri Haveli Ram Gandhi had obtained registration of the mark 'HAVELL's in Class 11 in respect of electric lamp holders. Two of his applications in respect of electrical goods in Class 7 and 9 were pending.

(3.) On 9.10.1971 by and under a deed of assignment, Shri Haveli Ram Gandhi as proprietor of Havell's Electrical Sales Corporation, assigned his proprietary rights in the trade mark 'Havell's' in favour of Smt. Vinod Gupta, Shri Surinder Kumar Gupta and Shri Surjit Kumar Gupta carrying on business in name of 'Havell's Industries. Team of assignment reads as under: