YOSHIDA KAGYO K K Vs. RAJENDRA JAIN

JUDGEMENT

(1.) This is a suit for perpetual injunction and rendition of account seeking following reliefs:

(2.) The case of the plaintiff is that it is a company incorporated under the laws of Japan having its registered office at 1 Kanda Izumi-cho, Chiyoda-ku, Yokyo, Japan. One Mr. P.S. Subramaniam is the constituted attorney of the plaintiffs company and is competent to sign and verify the plaint and file this suit.

(3.) It is alleged in the plaint that the plaintiff is a registered proprietor of Trade Marks Nos. 223666 YKK as of 6.8.1964 in Class 26 in respect of Slide fasteners claiming user since 1956; 256357 YKK in a globe as of 25.4.69 in Class 26 in respect of slide fasteners and 393836 ZAGLAN as of 6.8.82 in Class 26 In respect of slide fastenes (zippers) hook loop type fasteners hooks and eyes button snap button and pressbutton: The plaintiffs grievance is that spurious zips and slides bearing the trade mark YKK and ZAGLAN were being sold in the market. Consequently, lie field a complaint in the court of the Chief Metropolitan Magistrate, Delhi and obtained a gernal search warrant from me court. In pursuance of the search warrant premises of the defendants were searched on 28.1.91 where nine gunny bags of spurious zips and slides bearing the trade mark YKK and ZAGLAN were found and sealed by the police. The claim of the plaintiff is that me defendants have no right to use the trade mark YKK and ZAGLAN and their products and the use of mat trade mark by them is illegal and have been done with the sole intention of deceiving and/or misleading the trade and members of the public causing them to believe that their goods bearing me trade mark YKK and ZAGLAN were the goods manufactured by the plaintiff.