SENGE HIMALAYAN CERAMICS Vs. SHRI RAM & COMPANY

JUDGEMENT

(1.) The plaintiff has filed the suit for infringement, permanent injunction, restraining passing off and rendition of accounts against the defendant.

(2.) The plaintiff claims that he is the proprietor of the Proprietorship firm "SENGE HIMALAYAN CERAMICS" dealing in Tea / Coffee mugs, Tea Cup Saucer, Bowls, Hotelwares, Handicrafts, etc. Since the plaintiff's forefathers are from Tibet, the plaintiff as a child had grown up with the Tibetan mythology and has been very fond of the same and its beliefs. As per the Tibetan mythology, the word 'SENGE' means an auspicious and fearless snow lion.

(3.) It is alleged that the plaintiff being inspired by the concept and strength of SENGE adopted and conceived the mark SENGE with the device of a fearless lion (hereinafter referred to as the "plaintiff's said trademark/logo") in relation to his business of tours and travels in the year 2000 in the name & style of "SENGE TRAVEL & TOURS", registered on 7th June, 2000 and in which Company the plaintiff is one of the Directors. The following symbol used by the plaintiff in the year 2000 in the said "SENGE TRAVEL & TOURS" is consisted of two snow lions :