AUTOMATIC ELECTRIC LIMITED Vs. R K DHAWAN

JUDGEMENT

(1.) This order shall dispose of the applications registered as I.A. Nos. 8609/1994 and 10285/1994 under Order 39 of the Code of Civil Procedure connected with grant of temporary injunctions in favour of the plaintiff and against the defendants seeking to restrain the defendants from infringing and passing-off the trade mark "DIMMERSTAT" of the plaintiff.

(2.) The plaintiff adopted the trade mark "DIMMERSTAT" in relation to variable voltage auto transformers of their manufacture and sale. The plaintiff is stated to have adopted the trade mark "DIMMERSTAT" in the year 1945 and claims to have been using the said trade mark for the last fifty years. In support of the aforesaid contention, the plaintiff has placed on record sales invoices for the period from 1976-1982 and then again from 1985-1994. The plaintiff has also placed on record its advertisement and catalogues, as also the correspondences exchanged inter sc parties. The plaintiff has also placed on record the trade mark certificate which appears at pages 29 and 30 of the plaintiff documents which indicates that the trade mark "DIMMERSTAT" of the plaintiff is registered in 'PART-A' under Trade Mark Registration No. 178464 dated 14.2.1957 in Class '9' for variable auto transformers.

(3.) It is stated in the plaint that the plaintiff's goods under the trade mark "DIMMERSTAT" has been extensively advertised since 1945 and the same has acquired formidable goodwill and reputation which according to the plaintiff is evident from the sale figures set out in paragraph 3 of the plaint.