LAWS(DLH)-1996-9-91

RAJEEV MALHOTRA Vs. AMIT HOME APPLIANCES

Decided On September 10, 1996
Rajeev Malhotra Appellant
V/S
Amit Home Appliances Respondents

JUDGEMENT

(1.) The plaintiff has filed the suit for perpetual injunction restraining infringement of copyright, passing off trade mark and rendition of accounts. The case of the plaintiff is as follows :

(2.) In para 3, it is stated that "the plaintiff during the year 1987, bonafidely and honestly adopted and conceived the trade mark "SURYA FLAME" in relation to his aforesaid goods. The plaintiff firm has been using the trade mark "SURYA FLAME" for its products of LPG STOVES, ALL KINDS OF STOVES AND PARTS THEREOF for the purpose of indicating or so as to indicate a connection in the course of trade between the said products and the plaintiff firm."

(3.) In para 5 it is claimed that the plaintiff is the lawful proprietor of the trade mark "SURYA FLAME" under application No. 536844 as of date 12.9.1990 in class 11 and is claiming user since 1.4.1987. The plaintiff is marketing LPG stove all kinds of stoves and parts thereof. The trade mark SURYA FLAME is adopted to distinguish products of the plaintiff and it has acquired distinctiveness. The plaintiff has been spending a substantial amount on publicity for the sale of the products of the plaintiff which runs into several lakhs of rupees.