(1.) This is plaintiff's application under Order 39 Rules 1 and 2 and S. 151, Civil Procedure Code ., for grant of temporary injunction against defendants from using the offending trading style Duke Enterprises and the trade mark Duke in respect of insulated automobile cables and other automobile parts.
(2.) The plaintiffs are a private limited company manufacturing and marketing automobile parts under the trade mark 'Duke'. They are stated to be registered proprietors of (Details of registration of oil Seal and rubber bushes is then given).
(3.) According to them, they have been continuously for the last nine years prior to the filing of the suit, manufacturing, selling and offering for sale automobile parts of various kinds and types under the trade mark DUKE. They allege that their sale of such automobile parts was 10 to 11 lakhs of rupees per year and that for the last nine years their safe had been about 55 lakhs of rupees They had effected sale of their DUKE brand automobile parts throughout India and in foreign countries. The buyers of their DUKE brand automobile parts include State Transport Services in the country and Defence Department of Government of India, besides many manufacturers of automobiles and manufacturers of industrial engines use DUKE automobile parts as original equipment in their respective product. Their trade mark DUKE, it is alleged, is very well advertised by various media, i.e. distribution of calendars, plastic goods including the figure of Goddess Lakshmi in golden and silver colours and that they had during the last nine years incurred approximately Rupees two lakhs on advertisements. The plaintiffs contend that on account of long, continuous and extensive use of the trade mark DUKE, their goods affixed with the said trade mark are very well known and are associated in the minds of the public throughout the country with the goods of the plaintiffs. They claim to have built a handsome goodwill, name and reputation in respect of their trade mark DUKE. The purchasers and the intending purchasers of the automobile parts, they aver include illiterate drivers, mechanics and cleaners who recognise the plaintiffs' goods by their trade mark DUKE.