JAI PRAKASH GUPTA Vs. VISHAL ALUMINIUM MFG COMPANY

JUDGEMENT

(1.) The plaintiff in a suit for passing off of trade marks, rendition of accounts and damages has in the application under order 39 Rules 1 and 2 of the Code of Civil Procedure (for short "the Code") sought an order of injunction restraining the defendants, their servants, agents, representatives, distributors and dealers and all other persons on their behalf from selling the pressure cookers (non-electric) under the trade mark VISHAL king and/or other trade mark containing the word "VISHAL" till final disposal of the suit.

(2.) After summons were issued and notice in the application was sent, the defendant put in appearance and filed its reply. Pleadings are complete. I have heard learned counsel for the parties.

(3.) The suit is filed on the allegation that plaintiff firm is engaged in the business of manufacturing and sale of pressure cookers (non- electric) etc. being house hold kitchen goods for the last many years. The plaintiff is using one of the celebrated trade mark VISHAL in respect of pressure cookers (nonelectric) since the year 1984 continuously, extensively and openly and without any objection from anyone. The business carried on by the plaintiff is an extensive one and the aforesaid trade mark VISHAL has always been mentioned on the goods and packing thereof. The plaintiff being the proprietor and owner of the trade mark VISHAL, therefore, it is unlawful for any other person or firm to use the identical and/or deceptively similar trade mark as that of the plaintiff in respect of same goods or the goods of the same description. It is also alleged that the plaintiff has conducted huge sales of the aforesaid goods under the trade mark VISHAL through most of the states in the country and people in the trade associates, the aforesaid goods under the trade mark VISHAL with the plaintiff only. The plaintiff has acquired tremendous goodwill and reputation in respect of the trade mark VISHAL in respect of pressure cookers (non-electrical).