RELIABLE INTERNATIONAL Vs. ASHOK DANG

JUDGEMENT

(1.) The four plaintiffs have filed a suit for injunction against the defendant restraining the defendant from carrying on its business as manufacturers or vendors of the electrical goods using the trade mark COMET and for injunction restraining the defendant from using the trade style RELIABLE INDIA; for injunction restraining the defendant from passing off the electrical goods except the electrical fans, cooler pumps under the trade mark COMET and for account of profits.

(2.) The case of the plaintiffs briefly stated is this. The plaintiffs and the defendant had been carrying on the business of manufacturing and marketing of electrical goods and appliances such as electric, iron, immersion heaters, room heaters, hot plates, mixer grinders, juicers, toasters, geysers, heat convectors, fans coolers, table lamps, cooking heaters, ovens and gas tenders etc. for the several years. For the year 1975, the plaintiffs and the defendant adopted the trade mark COMET for selling their projects: The trade mark COMET was also registered by them under Clauses 7,9 and 11 of the Trade and Merchandise Marks Act, 1958. The firm established on 1.5.1989 under the name and style of Reliable International and that partnership is carrying the business since then. By virtue of dissolution deed dated 6.8.1994, the defendant retired from the partnership and the defendant retired with effect from 31.7.1994. There was also a deed of agreement on 27.8.1994. The trade mark COMET was taken by the plaintiffs and the defendant was not allowed to use the trade mark COMET in respect of these three registered trademark which was done under Clauses 7, 9 and II. Under the agreement dated 27.8.1994, the defendant was allowed to use the trade mark COMET with reference to three items, namely, coolers, cooler pumps and Electricity fans.

(3.) The defendant had started a new showroom under the trade name of M/s. Reliable India at 1, Narain Market, Sadar Bazar, Delhi-110006. The defendant who was using the name Reliable is trying to cause confusion and is guilty of passing off.