HARDEV SINGH AKOI Vs. JASDEV SINGH AKOI

JUDGEMENT

(1.) This order shall dispose of IA No. 1425/2008 preferred by the plaintiff, under Order 39 Rule 1 and 2 of the Code of Civil Procedure, 1908 seeking an ad interim injunction restraining the defendants from passing off, dilution and destruction of trademarks.

(2.) It is averred that the plaintiff has joint, 50% ownership rights in "THE IMPERIAL" Hotel (hereafter "the Hotel") at Janpath, New Delhi. By such ownership, the plaintiff also claims to be joint owner of the word mark "IMPERIAL" and the device of a "lion" with a crown (hereinafter called the "the lion device"). It is averred that the first defendant, the plaintiff's, brother is the other 50% joint owner of the said marks. The second and third defendants are the wife and son of the first defendant, and are also the promoters of the fourth defendant company. The plaintiff also claims that the fifth defendant is a partnership firm in which the first, second and third defendant are partners.

(3.) The plaintiff avers that he and the first defendant are sons of Late Shri. Rajdev Singh, who had inherited the Hotel from the Late Shri. Ranjit Singh, who founded the hotel in 1931. It is claimed that since inception the hotel has been using the word mark "Imperial" and the lion device logo. Though ownership of the firm remained with Shri. Ranjit Singh, he had, at different points of time contracted out the day-to- day management of the hotel to partnership firm consisting of family members, by the name Rajdev Singh and Co. Upon the death of Shri. Ranjit Singh in 1984, ownership in the hotel, its trademarks and goodwill devolved upon his only son Shri. Rajdev Singh. It is also claimed that since 1999, the latter has been managing the firm as its sole owner and proprietor and in 2000 even applied for registration of the trademark "Imperial" in class 29. He passed away on 21st February 2002 and in terms of his registered Will dated 3rd June 2004 the entire property of the hotel including its trademarks, trade name, goodwill, business and land and building devolved upon his two sons, i.e., the plaintiff and the first defendant in equal shares.