JAY INDUSTRIES Vs. DEEPAK SHAH

JUDGEMENT

(1.) This is a suit for perpetual injunction, restraining infringement of trade mark, copyright, passing off and rendition of account seeking following reliefs:

(2.) The case of the plaintiff is that it is a registered partnership firm and Shri P.C - Mindha is one of its partners who is well aware with the facts of the case and is competent and authorised to file, institute, verify, depose and prosecute this suit.

(3.) The plaint case is that the plaintiff firm has since 1967 been regular and continuous in using the trade mark 'JAY' in respect of locks of all kinds, starting device for motor engines for land vehicles, meters, cut-outs, signalling appartus for indicating lights, electric switches for use in automobiles and parts and fittings for use in motor land vehicles, manufactured and sold by the plaintiff firm; that the plaintiff firm is the registered proprietor in respect of trade mark "JAY" under No. 261531B as of 24.12.69 in class 9 in respect of meters, signalling apparatus for indicating lights, electric switches and cut-outs (electric) used in automobiles, advertised in the Trade Mark Journal No. 543 dated 16.1.72 at page No. 1043; No. 327372 as of 27.7.77 in respect of locks of ail kinds; No. 355835 as of 27.11.79m class 12 in respect of starting device for motor engines for land vehicles, which all have been renewed from time to time and are still subsisting in the Register of Trade Marks, photocopies whereof are Annexures A, B & C on the record; that the plaintiff has been using distinctive cartons in respect of its aforesaid goods which are artistic and unique and are duly registered under the provisions of the Copyright Act, 1957 under Certificate Nos. A-25647/79, A-25649/79, A-25650/79, A-25656/79, A-29803/80, A-29812/80, A-29813/80, A-29814/80, A-29827/80, A-29848/80, A-29849/80, A-29871/80, A-30061/80, A-30216/80, A-30217/80 and A-30218/80; that the plaintiff-firm is also in collaboration with Godrej Company, who has authorised to use their trade mark "GODREJ" in respect of their lock barrels supplied by them wherein the key bears the emblem "JAY" embossed on one side and the emblem "Lock by Godrej" embossed on the other side and Annexures X & Y are the cartons used by the plaintiff Company and Annexure Z is a statement of sales and advertisement figures bearing the trade name and cartons "JAY"; that the plaintiff has given wide publicity of its trade mark 'JAY' and cartons entitled 'JAY' and has earned unique goodwill and reputation in the public and the trade, which is exclusively associated with the plaintiff and no one else; that on receiving complaints from the market that spurious goods bearing its trade "JAY" were being sold in the market, it filed a complaint in the month of June, 1990 under Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 and under Sections 63 and 64 of the Copyright Act, 1957 against the unknown persons in the Court of the Chief Metropolitan Magistrate, Delhi and obtained a general search/seizure warrant from the Court; that in pursuance of the search warrant the premises of the defendants were searched on 24.9.1991 and spurious goods were seized.