CREATIVE HANDICRAFTS Vs. SADANA ELECTRIC COMPANY

JUDGEMENT

(1.) This order will dispose of plaintiff's application under Order 39 rules 1 and 2 for an injunction restraining the defendants from using the name CHOICE in respect of the articles which are being sold by the defendents.

(2.) Briefly stated, the allegations of the plaintiff are that the plaintiff is manufacturing television sets and marketing them under the trade name of CHOICE. It is further alleged that sometime in 1986 the defendants were appointed as dealer of the plaintiff and the defendants were also selling those sets. This agency now seems to have been terminated.

(3.) The grievance of the plaintiff is that the defendants have advertised and are selling some other appliances under the trade name of "Choice". These appliances are sewing machine, fans and exhaust fans, electric iron, geysers, washing machine, water filter, hot plates and room coolers. According to the plaintiff the said goods which are being sold by the defendants belong to the same trading channel as that of the plaintiff and, therefore, an injunction should be issued as the defendants are likely to pass off the said goods as the goods manufactured by the plaintiff. It is further the case of the plaintiff that an advertisement has been inserted by the defendants using an identical logo to that of the plaintiff. In that advertisement the letter 'O' is represented by a somewhat round T.V. Screen and this is stated to be a letter which has been devised by the plaintiff and is one which the defendants cannot use.