SHAM LAL Vs. INTERADS ADVERTISING PRIVATE LIMITED

JUDGEMENT

(1.) Shri Sham Lal, plaintiff, has alleged that he is trading as M/s. Anil & Co. since 10th May, 1965 and doing business as manufacturer of artist and paint brushes. Defendant No. 1 is stated to be a Private Limited Company, which has its export division under the name and style of Interads Export Division (defendant No. 2).

(2.) The plaintiff has further stated that the brushes, which he manufactures and markets, are affixed with the trade mark 'Anil', depicting a key portion of his trade style; that from the date he had started manufacturing, he has sold brushes valuing about Rs. 6,41,374.21 and that on account of the superiority of brushes and skill in sale promotion, the brushes affixed with the trade mark 'Anil' have achieved recognition and reputation with the trade and the general public. It is further added that the application of the plaintiff for the registration of the trade mark 'Anil' in respect of brushes is also pending with the Trade Marks Registry.

(3.) It is further averred that on account of the continuous and extensive user during the last 12 years, the plaintiff's brushes affixed with the trade mark 'Anil' are exclusively associated and identified with the plaintiff's brushes. The plaintiff has thus earned reputation, goodwill and name with the trade and users of the brushes.