ROOPAK STORES Vs. RUPAK DEPARTMENTAL STORE

JUDGEMENT

(1.) K.S. Gupta, J. - This order will govern the disposal of I.A. No. 5584/97 filed by the plaintiff under Order 39 Rules 1 and 2 read with Sec. 151 C.P.C.

(2.) Suit for permanent injunction and rendition of accounts was filed inter-alia on the allegations that M /s. Roopak Stores-Plaintiff is a partnership firm and since 1958 it has been doing the business of General Merchandise, Provisions, Spices, Pickles, Kiryana, Toiletry, Confectionery and Dry Fruits etc. Word 'Roopak' of M/s. Roopak Stores is the principal part of the trading style as well as the business trade mark. Plaintiff has spent lacs of rupees on advertisements in respect of the said trading style and the trade mark on T.V., Radio, Newspaper and other medias of publicity. Sales of the plaintiff of the said goods run into crores of rupees. Said trading style and trade mark have become distinctive and associated with the goods of the plaintiff and have acquired goodwill in the market. It is further alleged that the plaintiff came to know only yesterday that the defendant started the business of the General Merchandise, Provisions, Spices, Pickles, Kiryana, Toiletry, Confectionery and Dry Fruits etc. under the trading style-"Rupak Department Store" of which the word Rupak is the principal part and Departmental Store being only descriptive. Defendant is passing off its goods as that of the plaintiff and the plaintiff has thus been suffering loss and damages.

(3.) Along with the suit aforesaid I.A. 5584/97 was filed seeking to restrain the defendant by issue of an ad interim injunction from using the word 'Rupak' as part of the trading style and trade mark in respect of the goods sold by it.