DCM SHRIRAM CONSOLIDATED LIMITED Vs. LAXAMI TRADER

JUDGEMENT

(1.) Both sets of applications arise out of similar facts and involve similar questions and are accordingly disposed of by this common judgment.

(2.) CS(OS) No. 910 of 2009 has been filed by DCM Shriram Consolidated Ltd. (Plaintiff) against Shri Laxami Trader (Defendant No. 1) having its shop at Ghaziabad, M/s Ganesh Plaster (Defendant No. 2) at Rohini, Delhi and M/s Mukesh Khadaria (Defendant No. 3) trading as M/s Agarwal Udyog, at K.K. Bhukar Ka, Tehsil Noahr, Distt. Hanumangarh, Rajasthan. The suit is for both infringement and passing off. The prayers in the suit are for a decree of permanent injunction restraining the Defendants from manufacturing, marketing, advertising or in any manner dealing with goods or services using the mark "SHRIRAM" or any other mark identical or confusingly/deceptively similar to Plaintiff"s trademark "SHRIRAM" and from doing anything directly or indirectly infringing the Plaintiff's said registered trademark "SHRIRAM", a decree of permanent injunction to restrain the Defendants from reproducing and/or using the get up, lay out, colour scheme or the Plaintiff's packaging in the "SHRIRAM" product including the "SHRIRAM Nirman Plaster of Paris" logo along with the blue, red and black colour striped on white background, a decree of permanent injunction to restrain the Defendants from using the mark/name "SHRIRAM" and from using the get up, layout and colour scheme in the packaging similar to that of the Plaintiff, and from doing any other thing as is likely to lead to passing off of the business and goods of the Defendants as those of the Plaintiff. The other prayers are for delivery up of all the infringing products, rendition of accounts and damages. Defendants 1 and 2 in CS (OS) No. 910/2009 are said to be proprietorship firms. Defendant No. 2 is a trader in Plaster of Paris (PoP) manufactured by Defendants 1 and 3. Defendant No. 2 is stated to be the dealer of Defendant No. 1 in Delhi. The case of the Plaintiff is that Defendants are selling PoP in the NCT of Delhi under a mark which is deceptively and confusingly similar to mark "SHRIRAM" of the plaintiff and that use of the said trade marks by the Defendants is illegal, dishonest and fraudulent.

(3.) CS (OS) No. 1035 of 2009 has been filed by the same Plaintiff against Sumit Hardware (Defendant No. 1), a shop in New Delhi, Mr. Bajarang Lal Pareek (Defendant No. 2) at Dhirwas, (Sahawa) District - Churu (Rajasthan) and M/s Shriram Plaster Industries (Defendant No. 3) also at Sahawa in Rajasthan. The prayers in the suit are more or less similar to the prayers in CS (OS) No. 910/2009. Defendant No. 1 (Sumit Hardware) is a trader of PoP and Defendant No. 3 Shriram Plaster Industries in Rajasthan is its manufacturer. Defendant No. 2 is stated to be the proprietor of Defendant No. 3. It is alleged that these Defendants are selling PoP in Delhi and in the neighbouring towns under marks deceptively and confusingly similar to the "SHRIRAM" trademark of the Plaintiff and that they are attempting to pass off their goods as that of the Plaintiff.