JAIN RUBBER INDUSTRIES Vs. CROWN PRIVATE LIMITED

JUDGEMENT

(1.) This is an application under Order 39, Rules 1 and 2 for grant of ad interim injunction restraining the defendants from using the mark. "Crown" in respect; of the tooth picks which are being manufactured and sold by the defendants.

(2.) The case of the plaintiff is that it is a registered proprietor of the trade mark CROWN in respect of tooth picks This registration was granted in 1986 with effect from 10th September, 1980 It is further alleged that the plaintiff has been using the trade mark Crown since January, 1980 According to the plaintiff, the defendants have started using the trade mark Crown in respect of tooth picks on or after December, 1980,t The plaintiff, therefore, prays that as it is the proprietor of the trade mark Crown, the defendants should be restrained from using the said mark.

(3.) On behalf of the defendants, it has been contended that the defendants have adopted the mark Crown in respect of tooth picks when in 1977 they had applied to the Government of West Bengal for grant of provisional registration for manufacturing round wooden tooth picks. The machinery for the said 229 tooth picks was imported in the year 1980 and according to the defendants trial production of rounded tooth picks commenced sometimes in September, 1980. It is further alleged by the defendants that they are selling rounded tooth picks all over India and the plaintiff has started manufacturing rounded tooth picks only in the year 1987. The further allegation of the defendants is that the defendants have also applied for the grant of registration of the trade mark Crown in respect of rounded tooth picks. This application was made in January, 1982. According to the defendants, they have also taken steps for the rectification of the register by praying for concellation of the trade mark registered in the name of the plaintiff