UNITED BROTHERS Vs. NAVIN KUMAR

JUDGEMENT

(1.) Plaintiff No.1, M/s. United Brothers, is a registered partnership firm and is engaged in the business of manufacture and marketing of aluminum hollow ware and other household utensils since the year 1957. It is the registered proprietor of the trademark UNITED under No.274640 in class 21 as of 31st August 1971. The trademark is also registered under number 369826 in class 21 as of 17th December 1980. According to the plaintiff, by virtue of long and extensive user, large scale advertising, excellent quality control and immense popularity the products, the trademark UNITED has come about to be extensively identified and recognised by the purchasing public and the members of the trade with the goods and business of the plaintiff exclusively. The trademark UNITED has acquired unique reputation in the minds of the purchasing public. The plaintiff established large and extensive sale of the goods of its manufacture and sale under the said trademark and are also spending substantial amount for advertising the trade product. It is also claimed that the trademark UNITED has become a symbol of quality and is indicative of the plaintiffs source of manufacture.

(2.) Present suit for permanent injunction, passing off, rendition of accounts of profits and delivery up etc. is filed on the ground that the defendant is marketing its LPG stove under the same name UNITED and this, according to the plaintiff, would cause confusion in the minds of the public which would think that the goods of the defendant marketed under the identical mark UNITED are that of the plaintiff. It is also contended that adoption of the mark UNITED as trademark on the part of the defendants in respect of LPG gas stove is dishonest, mala fide and tainted from its inception as the same is adopted with sole view to trade upon the reputation and goodwill of the plaintiff. The defendants are, therefore, passing of their goods as that of the plaintiffs. It is further stated that the chances of confusion and deception are further enhanced in the facts of this case as the goods of the defendant, namely, LPG stove are cognate goods as both the plaintiff's and defendant's goods are used as kitchen appliances. Further these goods are purchased by all classes of purchasers, including semi-literate and illiterate persons and persons possessing average and/or imperfect recollection.

(3.) In this application, ex parte ad interim injunction dated 30th July 2003 was passed restraining the defendants from using the trademark UNITED in relation to their goods and from passing of their goods as those of the plaintiff's till the next date. This injunction order has, however, been extended from time to time and is continuing till date.