SWARAN SINGH TRADING Vs. USHA INDUSTRIES INDIA

JUDGEMENT

(1.) This is an appeal directed against the judgment of alearned Single Judge of this Court on the Original Side whereby an interiminjunction to restrain the defendants from using the trade mark or trade nameUSHA in relating to electric irons and other electrical appliances like roomheaters, stoves, angithis, ovens, hot plates, toasters and table lamps, which hadearlier been granted was virtually withdrawn. The final order passed wasthat 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 and1976 respectively. The trade mark no. 276920 was registered on 1 4/12/1971, and was based on the user since 1960, which was in respectof electric irons. The same mark 'USHA' bearing no. 311724 was registeredon 17/01/1976, in respect of room-heaters, stoves, angithis (furnace),oven, hot plates for cooking, heating refrigerators, bread toasters, tablelamps, etc., being used since 1971. Thus, there were two trade marks, onefor electric irons based on the user since 1960, and one for other electrical goods registered since 1976, based on the under 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. Itwas also claimed that though the plaintiff had come to know of the allegedinfringement in May, 1982. the suit was filed in 1984, so there was a considerable delay in applying for the injunction.