EVERGREEN SWEET HOUSE Vs. EVER GREEN

JUDGEMENT

(1.) THIS order will dispose of IA 6442/2005, an application for ad-interim injunction restraining the defendant from using the trademark and trading style "evergreen", or any other mark deceptively or confusingly similar to the plaintiff's mark.

(2.) THE Plaintiff, a partnership firm was established on 30th"september 1963 for preparing and selling rich traditional Indian sweets in the best of taste and quality. " The business has continued unhindered by the death of the original foundered; it has been functioning without interruption under the trading style/trademark "evergreen SWEET HOUSE" (herafter "the mark" ). " At present there are five partners of the Plaintiff firm. Besides marketing their products wholesale to their varied customers in India and abroad, the plaintiff's EVERGREEN SWEET HOUSE, a multi-cuisine Restaurant, with 4000 sq. ft. shop floor, is situated at a conspicuous location in the prime locality of South delhi where food to suit every palate is served.

(3.) THE plaintiff alludes to its yearly turnover of Rs. 86. 77 lakhs in 1987-88, increasing to Rs. 261. 34 lakh in 1994-95, and to Rs. 807. 73 lakhs in 2003-04. The sale during 2004-05 was around Rs. 1029. 46 lakhs. It is claimed that the plaintiff's goods are also exported abroad, specially to the UK and Australia, and earn substantial foreign exchange. The Plaintiff has a wide ranging customer profile, including customers from the neighbouring satellite townships of NOIDA, gurgaon, Faridabad, Ballabgarh, Meerut, etc. as such towns are closely connected to Delhi by road and rail network. The plaintiffs applied for registration of their Trade Mark "evergreen SWEET HOUSE" with Logo, under Application No. 816425 dated August 26, 1998, in Class 30, claiming user since June 25, 1965, which has since been accepted and published in the Trade Marks Journal No. 1328 Suppl (5)dated March 30, 2005, and the Certificate of Registration was issued.