SHIV COTTON MILLS PRIVATE LIMITED Vs. DAYA RAM

JUDGEMENT

(1.) The plaintiff Shiv Cotton Mills (P) Ltd. has filed this Application No. IA No. 3589(90) in Suit No. 1463/90 against Daya Ram who is carrying on business under the name of M/s. Manju Falls who is the 2nd Defendant in the suit. The relief sought for is that the defendants should not use the trade mark Manju for the purpose of selling blouse pieces. The plaintiff admits that the defendants are carrying on business of selling blouse pieces and saree falls under the trade mark Manju.

(2.) The case of the plaintiff in Suit No. 1463/90 is a? follows: In the year 1980 the predecessor in interest of the plaintiff namely, M/s. Shiv Rubia House and also trading as M/s. Shiv Cotton Mills commenced manufactur- ing and selling textiles piece goods (blouse pieces) under a fanciful and distinctive trade mark Manju. On 2.12.89, the trade mark Manju was assigned to the plaintiff- company. According to the plaintiff the business and increased many fold and the trade mark Manju has acquired a unique goodwill and reputation and the people in the trade know the product as emanating from the plaintiff. The plaintiff- company claims to be the proprietor of the trade mark Manju in respect of blouse pieces. The plaintiff has given the sales figures in the plaint from the year 1980 and up to 1990 and they are as follows : <FRM>JUDGEMENT_382_DLT62_1996Html1.htm</FRM> It is the case of the plaintiff that its selling of all varieties of cloth under textile products. The sales figures given are not with reference to blouse piece alone. That is a matter to be decided at the time of the trial of the case. Therefore, for the purpose of this interlocutory petition, in this case the sales figures are not conclusive.

(3.) It is also claimed by the plaintiff that advertisement has been made extensively through All India Radio, newspapers and magazines and money in laksh is spent to the advertisements.