GANDHI SCIENTIFIC COMPANY Vs. GULSHAN KUMAR

JUDGEMENT

(1.) BY this common order, I shall dispose of the aforesaid pending applications in the two cross -suits filed by the parties against each other. C.S.[OS] No. 1192/1997 has been filed by M/s. Gandhi Scientific Company [hereinafter referred to as "plaintiff"] against Shri Gulshan Kumar [hereinafter referred to as "Defendant"] for permanent injunction, infringement of copyright, passing off and damages.

(2.) I need not discuss most of the facts as both the parties have admitted in their respective pleadings that the trademark and copyright is identical with each other except that the parties are claiming prior user of the trademark "DIAMOND" and copyright in question against each other and seeking interim injunction against each other. To establish the claim of prior user, various allegations and counter -allegations are made on the basis of forged and fabricated documents.

(3.) THE main thrust of the plaintiff in the present suit i.e. CS[OS] No. 1192/2007 is that in the year 1995, plaintiff started manufacturing and marketing pumps and pump spare parts specifically including mechanical seals used in pumps, automobiles and industry.