CINNI FOUNDATION Vs. RAJ KUMAR SAH AND SONS

JUDGEMENT

(1.) BY this order, it is proposed to decide IA Nos.5726/2009 (under Order 39 Rules 1 and 2 read with Section 151 CPC filed by the plaintiff), 6870/2009 (under Order 7 Rule 11 read with Order 1 Rule 11 read with Section 151 CPC filed by the defendants) and 6871/2009 (under Order 39 Rule 4 read with Section 151 CPC filed by the defendants).

(2.) THE plaintiff M/s. Cinni Foundation through its Managing Trustee Chandra Kumar Sah has filed the aforesaid action under Sections 134 and 135 of the Trade Marks Act, 1999, inter alia, seeking a permanent injunction restraining the defendants from infringement of its trade mark 'CINNI' and from passing off its goods and business as that of the plaintiff besides delivery up of all the impugned finished and unfinished materials bearing the violative trademark.

(3.) BY virtue of the said registrations, the plaintiff has exclusive right to use the said registrations within the meaning of Sections 28 and 29 of the Trade Marks Act, 1999 as also to prevent rival violative third party use thereof. The plaintiff is carrying on its business under the said 'CINNI' trade mark/trade name through a wide range of licensees, manufacturers, distributors, etc. One such licensee firm is M/s. Panchmukhi Engg. Works, Varanasi (U.P.) and one such distributor firm is M/s. Sah Agencies Pvt. Ltd., in Delhi.