GENERAL ELECTRIC COMPANY Vs. H. SINGH

JUDGEMENT

(1.) THE plaintiff being the registered proprietor of the trademark GENERAL ELECTRIC and GE and the GE monogram in relation to a number of services and goods has sued for restraining the defendants from using the trademark GE LITE. Though the averments in the plaint are that the defendants defendant No.3 of which the defendants 1 and 2 are partners / Proprietors had applied to the Registrar of Trademarks for registration of the mark GE LITE in relation to motorcycle boxes included in class 12 , in the prauer paragraph , injunction is claimed for restraining the defendants from dealing in automobile parts and /or textile machines spindles or any other products or services under the trademark GELITE. This is obviously a type graphical error on account of the prayer paragraph having been lifted from the plaint in some other suit filed by the plaintiff relating to textile machines spindles. In the body of the plaint, there is no averment that the defendants are dealing in or threatened to deal in textile machines spindles and the application for registration by the defendants, publication in the Trademark Journal whereof gave the cause of action for the suit was also for motorcycle boxes falling in class 12.

(2.) VIDE ex parte order dated 2nd June, 2006 the defendants were restrained from using the trademark GE LITE or any other mark in infringement of plaintiffs registered trademark. Summons of the suit issued to the defendants could not be served owing to a report that there was no such firm/person or left, from the address of the defendants given by the plaintiff. The plaintiff applied for substituted service by publication and whereafter vide order dated 23rd February, 2007 the defendants were ordered to be proceeded against ex parte and the interim order made absolute during the pendency of the suit. The plaintiff has led its ex parte evidence by filing the affidavit by way of examination in chief of its constituted attorney Ms Rubi Anand. The defendants remain exparte.

(3.) GENERAL ELECTRIC or GE is a well known trademark identified by most. GE alone is equally well known as GENERAL ELECTRIC and is always associated with the plaintiff. In fact, the distinguishing feature of the trademark of the plaintiff and the way in which it is remembered by most is as GE. The witness of the plaintiff has proved the registrations as Exhibits P4 to P7. The registrations in the other countries have been proved as Exhibit P8.