PARAS TRADERS Vs. RAJASTHAN COPY MANUFACTURERS ASSOCIATION

JUDGEMENT

(1.) This order disposes of IA No.16984/92, an application under order 39 Rules 1 & 2 CPC filed by the plaintiff seeking temporary injunction against the defendant and IA No.3370/93 under Order 39 Rule 4 CPC filed by the defendant seeking vacating/setting aside of the ex-parte order of injunction dated 25.8.92 whereby this Court has restrained the defendants, their servants, agents, dealers and representatives from manufacturing, selling, offering for sale or otherwise dealing in exercise books and other stationery books under the trade mark CHETAK and label CHETAK, similar and identical to the trade mark of the plaintiff, till further orders.

(2.) According to the plaintiff it is a firm engaged in the business of manufacturing and marketing office - files, exercise books and mathematical instruments for last many a years. Since 1971, the plaintiff has been using the trade mark and label CHETAK in respect of exercise books. The plaintiff firm has also used the mark CHETAK in respect of office-files and mathematical instruments. CHETAK is duly registered trade mark of the plaintiff. Also advertised in the trade mark Journal. The label CHETAK is also registered under Copyright Act. In June, 1992, the plaintiff-firm became aware of the defendants manufacturing and selling exercise books under the trade name CHETAK with the same get up, design, placement of words and colour scheme as that of the plaintiff. The defendant has filed false suit under Section 120 of the Trade and Merchandise Marks Act, 1958 and Section 60 of the copyright Act, 1957 against the plaintiff before the Distt. Judge, Jaipur. The suit is pending. The plaintiff has sought for perpetual injunctions protecting trade mark and copy right of the plaintiff, restraining passing of, delivery up and rendition of accounts etc.

(3.) According to the defendants the plaintiff neither had nor could have had sale of the exercise books in the State of Rajasthan during 1974 to 1991 as it could not have been economic. The defendant- Association was then known as Rajasthan Exercise Book Manufacturers Association (REMA, for short) having adopted trade mark label containing the word CHETAK and the device of a horse and Rana Pratap as its rider, which were approved by State Label Committee for paper distribution. In 1978 REMA was bifurcated into two groups. The separated group adopted the name of Rajasthan Copy Nirmata Sangh (RCNS, for short). In 1979 the two groups having settled their differences, registered Rajasthan Copy Manufacturers Association (RCMA, for short) as a non-trading company which became the proprietor of the said trade mark and label. In 1992 RCMA has applied for registration of CHETAK as its trade mark and label. As CHETAK trade mark and label have been in continuous use of defendant and its predecessor, since 1974, the suit filed by the plaintiff suffers from delay and latches.