KAMDHENU ISPAT LIMITED Vs. KAMDHENU INDUSTRIAL SERVICE

JUDGEMENT

(1.) The present suit has been filed by the plaintiff alleging violation of its proprietary rights in the trade mark and trade name Kamdhenu by the defendant by dishonest intention and infringement of this registered mark. The suit has been filed by M/s Kamdhenu Ispat Ltd., a company registered under the Companies Act, 1956 through Shri Arvind Gupta, its company secretary who is stated to be its authorised official by resolution of the Board of Directors. The plaintiff has clarified that it is using the trade mark and trade name Kamdhenu since the year 1991. The plaintiff has asserted to be enjoying an established reputation in the market in relation to its goods by this trade mark and trade name in respect of which it has conducted extensive promotional activities as well. The plaintiff has alleged in the plaint that its application for registration of trade mark Kamdhenu was pending in certain categories. The plaintiff has contended that it also employs a unique lettering style and colour combination in respect of the trade mark which is its original artistic work within the meaning of the Indian Copyright Act, 1957 and as such, the plaintiff is the owner and proprietor of the same as well.

(2.) The suit has been necessitated as the plaintiff came to know of activities of the defendants through the industrial directory "Thomas Register of Indian Manufacturers, 2004" wherein the factum of the defendant"s engagement in manufacturing and marketing of steel and stainless steel fastners under the trade mark and trade name Kamdhenu Industrial Service became known to it. It has been submitted that the goods of the defendant are the same or in any case are cognate goods as those of the plaintiff and its trade mark and trade name was identical to that of the plaintiff. Even the get up, make up and artistic manner of the trade mark as adopted by the defendant was a colourable imitation and deceptively similar to that of the plaintiff, establishing the deliberate act of dishonest imitation on the part of the defendant.

(3.) In these circumstances, bearing in mind the resemblance between the trade mark and trade name of the plaintiff and the defendant, the present suit has been filed seeking the following reliefs:-