MONTARI INDUSTRIES LIMITED Vs. MONTARI OVERSEAS LIMITED

JUDGEMENT

(1.) MONTARI- a word hitherto unknown to dictionary of languages, howsoever auspiciously and artfully or innocently articulated, is destined to find its place in law reports.

(2.) The plaintiff `M/S Montari Industries Ltd' having its corporate office at 78, Nehru Place, New Delhi has filed this suit for issuance of permanent preventive injunction restraining the defendant `M/S Montari Overseas Ltd' from using trading or carrying on business in the name and style of M/S MONTARI OVERSEAS LTD. A mandatory injunction is also sought for commanding the defendant to suitably change its corporate name so as to exclude therefrom the word MONTARI. An ad interim injunction in similar terms is also sought for.

(3.) According to the plaintiff, it was registered as MONTARI INDUSTRIES LTD in Punjab on 27.1.1983. Ever since thenit has been carrying on its business in the name and style of its name and manufacturing an exhaustive range of articles such as chemical products, agro- chemicals, industrial chemicals, paints, inks, varnishes, bleaching preparation , article of laundry use, cosmetics, oils, insecticides , pharmaceuticals, leather articles, tissues, bed covers, clothing, shoes, carpets, sport items, coffee, tea and a few food articles etc. In the year 1992, it has applied for registration of trade mark MONTARI with its logo and device under the Trade Mark Act. Several companies with the use of the word MONTARI in their names have been brought into existence by the plaintiff with the turnover of several crores. The names of such MONTARI group companies are:- <FRM>JUDGEMENT_271_DRJ33_1995Html1.htm</FRM>