KUMAR ELECTRIC WORKS Vs. ANUJ ELECTRONICS

JUDGEMENT

(1.) In an action for passing off and infringement of trade mark, the plaintiff has filed this application under Order 39 Rulers 1 and 2 read with Section 151 of Code of Civil Procedure seeking temporary injunction restraining the defendants its servants, agents and representatives from manufacturing, selling offering for sale or otherwise dealing in Black & White T.V. sets under the impugned trade mark 'OLYMPUS' and passing off its said product under the said trade ma or any other similar and/or deceptively identical trade mark as that of the plaintiff.

(2.) According to the averments in the plaint the plaintiff was a partnership firm. S/Sh. Vino3 Kumar, Satish Kumar, T.C. Kumar and Raj Kumar were its partners. It was engaged in the business of manufacturing and marketing of electrical and electronics goods since the year 1979. In 1983 it started using trade mark 'OLYMPUS' -for its electronics and electricals products and was using the same since then. It has enormous sales throughout India and has been spending substantial amount of advertisements. On account of long, established, continuous and extensive user coupled with large scale publicity throughout the whole country since 1983, the plaintiff's trade mark had acquired distinctiveness and had come about to be exclusively identified and recognised with the products of the plaintiffs manufacture and was adapted to distinguish the products of the plaintiff and was connected in the course of trade with the plaintiff exclusively.

(3.) Further case of the plaintiff is that the plaintiff's tradmark 'OLYMPUS' was duly registered at No. 417839 as of February 17, 1984 in the name of Sh. Raj Kumar, one of the partners of plaintiff firms in respect of electric flat irons included in class 9, and it had also applied for registeration under class 11 and 7 and that design of electric fan of the plaintiff was registered at No, 153018 dated 19th April, 1983. The said trade mark was duly advertised in the Trade Mark Journal No. 910 of May, 1983.