SWARAN SINGH Vs. USHA INDUSTRIES INDIA NEW DELHI

JUDGEMENT

(1.) This is an appeal directed against the judgment of a learned Single Judge of this Court on the Original Side whereby an interim injunction to restrain the defendants from using the trade mark or trade name USHA in relation to electric irons and other electrical appliances like room heaters, stoves, angithis, ovens, hot plates, toasters and table lamps, which had earlier been granted was virtually withdrawn. The final order passed was that the defendants were allowed to use the mark 'USHA' with the word 'GOLDEN' appearing thereafter till the decision of the suit.

(2.) The suit in question was based on two registered trade marks both 'USHA' which were registered in favour of the plaintiff-appellant in 1971 and 1976 respectively. The trade mark No.276920 was registered on 14th December, 1971, and was based on the user since 1960, which was in respect of electric irons. The same mark 'USHA' bearing No. 311724 was registered on 17th January, 1976, in respect of room-heaters, stoves, angithis (furnace), oven, hot plates for cooking, heating refrigerators, bread toasters, table lamps, etc., being used since 1971. Thus, there were two trade marks, one for electric irons based on the user since 1960, and one for other electrical goods registered since 1976, based on the user since 1971.

(3.) According to the defendants whose name is M/s. Usha Industries (India), they had been using the trade marks from even an earlier date. It was also claimed that though the plaintiff had come to know of the alleged infringement in May, 1982, the suit was filed in 1984, so there was a considerable delay in applying for the injunction.