HARKARAN DASS DEEP CHAND Vs. ACTION DETERGENTS

JUDGEMENT

(1.) This application under Order 39 Rule 4 is filed by the defendant for vaction of the order of injunction granted by this Court on 14th May, 1986 whereby the defendants were restrained from using the trade mark KRANTI in respect of washing soap.

(2.) The plaintiff is a partnership firm registered under the Partnership Act, 1932 and claim to be using the trade mark KRANTI since the year 1977. The trade mark KRANTI of the plaintiff is stated to be duly registered under the provisions of the Trade & Merchandise Marks Act, 1958 (for short 'the Act'), the registration numbers of which are given in the plaint. The plaintiff is also stated to be a registered proprietor of artistic logo KRANTI under the Copyrights Act, 1957. The plaintiff markets its washing soap under the trade mark KRANTI.

(3.) It is the case of the plaintiff that the defendant has infringed the registered trade mark of the plaintiff though the plaintiff is entitled to exclusive use of the trade mark KRANTI. It is contented that the plaintiff is the prior user of the trade mark and has been advertising the said mark right from the year 1978. To support this contention learned counsel for the plaintiff referred to various documents filed along with the plaint. It is, therefore, submitted that the plaintiff is entitled to protection both under the Trade & Merchandise Act, 1958 and the Copyrights Act, 1957. It is further submitted that the defendant is using four trade marks namely. Action, Kranti, Blue Hourse and Chabi and, therefore, no hardship would be caused to the defendant if an interim injunction is granted against the defendant restraining the use of the trade mark KRANTI.