KRBL LIMITED Vs. RAMESH BANSAL

JUDGEMENT

(1.) The present suit has been filed by the plaintiff under Sections 134 and 135 read with Section 27(2) of the Trademark Act, 1999 and under Section 51 of the Copyright Act, 1957 for permanent injunction restraining the defendants from passing off their goods as those of the plaintiff, infringement of copyright, rendition of accounts, delivery up and damages.

(2.) The plaintiff's case, succinctly stated, is that the plaintiff is a company duly incorporated under the provisions of Indian Companies Act, 1956 having its registered office at 5190, Lahori Gate, Delhi-110 006. The plaintiff company is engaged in the business of processing, marketing and exporting of rice of various kinds, including Basmati rice. In the year 1993, the plaintiff through its predecessors, i.e., the partnership firm adopted the mark/label "INDIA GATE" with the device "INDIA GATE" in relation to the business of rice in India and has built up a valuable trade, goodwill and reputation thereunder. By an agreement dated 01.04.1996, this partnership firm was taken up as a going concern with all its assets and liabilities, including the rights related to trade mark/label "INDIA GATE" with device of "INDIA GATE", by the incorporated company of M/s. Kushi Ram Behari Lal Limited. The name of this company was subsequently changed to M/s. KRBL Limited. On 17.03.1999, the plaintiff filed an application for registration of its aforesaid trade mark/label under the Trade Marks Act, 1999 under Trade mark Application No. 846009 in Class 30, which application is pending adjudication. Pertinently since this application was filed by the plaintiff's predecessors M/s. Kushi Ram Behari Lal Limited, Form TM-16 was filed in the office of the Registrar of Trademark to bring the said application for registration in the name of the present plaintiff. The application of TM-16 was duly allowed by the Trademark Office. However, due to the mistake of the Trademark Office, the mark was advertised in the Trademark Journal as "INDIA GATE" (word mark) without device of "INDIA GATE". The user claimed in the application was also wrongly shown as 01-01-1956, while the user claimed in the application was from the year 1993 and a request has been made to amend the same to 1993. The plaintiff has also filed other applications for registration of its trademark "INDIA GATE" with device of "INDIA GATE" in Class 30 for export of rice as well as in Class 42.

(3.) The plaintiff's aforesaid trademark is duly registered in many countries/regions of the world like European Union, Canada, Australia, etc. and is pending registration in many other countries. The details of the trademark applications and registrations thereof are exhibited as Ex.PW-1/3. The copyright involved in the said trademark as well as in the said label which are claimed to be original artistic work of the plaintiff are of the well known and already existing word and monument "INDIA GATE". The copyright in the label is also registered in favour of the plaintiff under the Copyright Act - Ex.PW-1/4. The trademark "INDIA GATE" with device of "INDIA GATE" forms part of this label viz., copyright registration. The plaintiff has been dealing with the said copyright in the course of its trade within the meaning of Section 14 of the Copyright Act and has already built up valuable trade and business thereunder. The comprehensive particulars of sales achieved by the plaintiff are furnished by the plaintiff as Ex.PW-1/5. The plaintiff has filed copies of advertisements, sale bills and invoices, etc. in support of the trademark as Mark PW-1/3 (Colly.). The plaintiff has also placed on record the original bills and invoices, etc. in support of the use of the mark, which are exhibited as Ex.PW-1/6.