MONA AGGARWAL Vs. SANDHYA GUPTA & ORS.

JUDGEMENT

(1.) In the instant suit filed by the plaintiff for injunction against passing off of trade mark, rendition of accounts of profits, delivery up etc. the plaintiff seeks interim relief against the defendants from selling, offering for sale, advertising, directly or indirectly dealing in paints, distempers, varnish, wax, polish, OBD (distemper), lacquers, distempers, preservatives against rust and deterioration, colourants etc. and other allied and cognate goods on the label / bucket under the trade mark 6064 used independently or with any suffix or prefix or any other mark deceptively similar mark to the trade mark 6004 of the plaintiff. The application is contested by the defendants.

(2.) Plaintiff's case is that she is the sole proprietor of the firm M/s.Multi Group of Suppliers. The instant suit is for protection of its trade mark 6004, a unique number, combination of the figures of two of its licence numbers 8309474 and 8290994. The plaintiff has applied for its registration vide application No. 2579387 dated 13.08.13 in the office of Registrar of Trade Marks, New Delhi claiming its user since 01.04.2011; this application is still pending. The plaintiff has incurred substantial expenses in advertisement, etc. to make trade mark 6004 popular; it connotes and denotes the product of the plaintiff's firm only and none else. The defendant No.1 has filed an application for registration of mark 6064 Acrylic Washable Distemper Type-2 on 10.09.2015 on the basis of "proposed to be used". Defendant No.1 has no reason to adopt similar mark 6064. He was aware about the use of mark 6004 by the plaintiff prior to that.

(3.) In written statement, defendant No.1 urged that trade mark 6004 for which the plaintiff has claimed proprietorship is under litigation. Various suits were filed regarding this trade mark earlier also and no restraint order was granted in plaintiff's favour. The plaintiff cannot claim monopoly over numerical. It is further averred that after the filing of the application for registration of trade mark 6064 Acrylic Washable Distemper Type-2 on 10.09.2015, the said trademark is being continuously used by the defendants.