ATLAS CYCLE INDUSTRIES LTD Vs. VIKAS CYCLES DELHI

JUDGEMENT

(1.) THE plaintiff has instituted the present suit, restraining the defendants, their servants, agents, dealers and all other persons on their behalf from infringing plaintiff's registered trade mark Nos. 155160, 155625, 25948 and 290774 and by using and identical trade mark 'ATLAS' in respect of cycle chains which are not of the plaintiff's manufacture or any other mark which is deceptively similar and is an infringement of the said registered trade marks of the plaintiff. It is also accompanied by the present application under Order 39 Rules 1and 2 of the Code of Civil Procedure. By an exparte order the defendants were restrained from using trade mark 'ATLAS' in respect of the cycle chains or any other cycle part. THE application is for disposal after notice. THE defense is that the defendant has not been selling these goods and has never sold any chain bearing mark 'ATLAS' as he only user spares with the mark 'AVON' and 'METRO'. Prima facie, this allegation is not correct. Shri R. S. Oberoi, Notary Public on the request of the plaintiff went to the premises of the defendant on November 11, 1985. In his presence, his clerk Shri Banarsi Dass purchased a cycle chain bearing mark 'ATLAS' from the shop of the defendant for a total price of Rs. 33. THE Cycle chain alongwith the cash memo and the report of the Notary Public has been filed on the record. I have opened the sealed cover. He cash memo is of the defendant and mentions only one chain. But coupled with the report of the Notary Public, it is clear that Shri Banarasi Dass purchased the cycle chain bearing mark 'ATLAS'. THE plaintiff has placed on record the Photostat copies of the legal proceeding certificates pertaining to the aforesaid trade marks. THE plaintiffs is thus the registered proprietor of these trade marks. Prima Facie the defendants is dealing with chains with the trade mark 'ATLAS' affixed thereon in infringement of the registered trade mark of the plaintiff. I, therefore, extend the injunction granted on March 26, 1985 till the disposal of the suit. I. A. 1782 of 1985 is disposed of.