SHIV MOHAN BAND Vs. SURESH KUMAR

JUDGEMENT

(1.) The Plaintiff has filed the application for injunction. The case of the plaintiff that it is a partnership firm consisting of Shiv Kumar and Shri Mohan Lal the brothers. The defendant also is the brother of the partners of the plaintiff. Since 1963 the plaintiff has been carrying on the business under the name and style of Shiv Mohan,Band. In para 4 of the plaint it is stated The plaintiff is the registered owner of the Copy-right bearing the title "Shiv Mohan Band" claiming user since 1963 under No. A-2255/66 dated 30-12-1966 and also obtained registration of various types of Trolleys under the Copyright Act under No. A-30384/80. A-28425/80 and A-28194/80 and the said registrations are valid & subsisting with plaintiffs. The plaintiff is also registered with the income tax department".

(2.) In para 6 the turnover of the business from 1966-67 to 1993-94 is given. In para 7, it is stated that caution notices were issued by the plaintiff against the user of the trade name "Shiv Mohan Band'. In para 8 of the plaint it is stated that: "the plaintiff came across an advertisement of the defendant published in the Sandhya Times dated 7th April, 1995 under the heading "Shiv Mohan Band''.

(3.) In this plaint it is stated that the plaintiff- came to know about the user of the name by the defendant only in April 1995, The plaintiff complaints that the defendant committing an act of passing off and the defendant is infringing the rights of the plaintiff in Copy-right in their artistic work.