WHEELS INDIA Vs. S NIRMAL SINGH

JUDGEMENT

(1.) BY this order, it is proposed to decide IA No. 6889/2006 under Order XXXIX Rules 1 and 2 and IA No. 7705/2006 under Order XXXIX Rule 4 of the Civil Procedure Code, 1908.

(2.) THE plaintiff's case is that the business of Wheels India was started by Mr. Trilok Singh in April, 2001 as its sole proprietor. With effect from April, 2006, the said proprietorship firm was converted into a partnership by induction of the wife of the plaintiff, namely, Mrs. Satpal Kaur as partner. Since April, 2001, the plaintiff had been using the distinctive trademark 'PRINCE' and this trademark was filed for registration on 27.09.2004 under Number 1311254 in respect of accessories for use in cars included in Class -12. Prior to the registration, the mark was advertised in the Trademarks Journal No. 1328(S -3) dated 21.02.2005 for inviting public objection, if any. The certificate of registration was issued on 31.10.2005, which registration is valid and subsisting till 26.09.2014.

(3.) SOMETIME in the fourth week of May, 2006, the plaintiff came across wheel covers under the identical trademark 'PRINCE' which were not of the manufacture of the plaintiff. The cartons in which the said wheel covers were packed contained the name of the defendants. The plaintiff immediately contacted the defendants and apprised the defendants of its rights in the trademark 'PRINCE' and requested them not to infringe the said rights, but in vain. The plaintiff accordingly filed the present suit with an injunction application (IA No. 6889/2006) in this Court and on 02.06.2006, this Court passed an ex parte ad interim injunction order in favour of the plaintiff, restraining the defendants from using the trade mark 'PRINCE'.