LAWS(DLH)-2017-7-152

MEX SWITCHGEARS PVT. LTD. Vs. OMEX CABLES INDUSTRIES

Decided On July 17, 2017
Mex Switchgears Pvt. Ltd. Appellant
V/S
Omex Cables Industries Respondents

JUDGEMENT

(1.) I.A. 15312/2015 (by plaintiff under Order 39 Rules 1 & 2 CPC read with Section 151 CPC) The present suit has been filed by the plaintiff for permanent injunction restraining the defendants from infringing its trademark, corporate name, copyright, passing off and has also claimed damages etc.

(2.) The case of the plaintiff in brief is that it is the registered owner of the trademark MEX which it is using for electric switchgears, switches, ignition switches, electric capacitators, electric meters, starting devices for electric motors etc and various other electrical goods. The Plaintiff is also using the trade mark MEX on CFL bulbs, kitkats, fuses, wires and cables and many other cognate and allied goods and the said mark is being used by its predecessor since the year 1960 continuously, extensively and exclusively.

(3.) It has been stated by the plaintiff that the word MEX is an integral part of the corporate name of the plaintiff which was incorporated in the year 1979. The registered trademark is owned by the plaintiff company M/s. Mex Switchgears Pvt. Ltd. on its incorporation and the word MEX is also used in the corporate name of the company. The said trademark is registered under Classes 7, 9 and Class 11 for various goods. Besides this, the plaintiff is also the owner of various registered trademarks wherein the word MEX has been used and thus plaintiff is the owner of the word MEX which is distinctive and identified exclusively with the goods of the plaintiff. The plaintiff produces high quality of products and enjoys the enviable reputation and the public associates the trademark MEX with the plaintiff and none else. Any goods bearing the trademark MEX or a similar trademark causes an impression that the same belongs to the plaintiff. The plaintiff had good market and it has also shown in para 12 of its plaint, the sale figures for the various years and it has also given the details of the expenses spend on the advertisement of its product in para 13 of the plaint.