HINDUSTAN MACHINES Vs. ROYAL ELECTRICAL APPLIANCES

JUDGEMENT

(1.) This is a suit praying for the issuance of a permanent injunction restraining the infringement of the trade mark "MAHARAJA" of the Plaintiff and for rendition of accounts. Summons/notice were issued to the Defendant from time to time and after several attempts made for serving him by ordinary process, the Defendant was finally served by publication and affixation at the notice board and on the last known address. As there was no appearance on behalf of Defendant it was proceeded ex parte and the Plaintiff was permitted to lead evidence by way of affidavits. This has been done.

(2.) The case set out in the plaint is that the Plaintiff is carrying out its business in manufacturing of house-hold articles, kitchenware, domestic appliances and electric and electrical goods bearing the trade mark `MAHARAJA' since 1978. The Plaintiff is the registered proprietor of the trade mark `Maharaja' and has been using it in a particular characteristic style in a distinctive logo script which constitutes an original artistic work within the meaning of Section 2(c) of the Copyright Act, 1957. The Plaintiff is the owner of the copyright thereof and has the exclusive right to its use and reproduction. Over the years the trade mark `MAHARAJA' has acquired a tremendous reputation amongst the general public. The plaint further shows that the Plaintiff's sales figures run into several crores of rupees; and that in this period expenses incurred in sales promotion and advertisements also run into crores of rupees. It is thereafter averred in the plaint that in March 1992 the Plaintiff discovered that the Defendant had adopted the trade mark Royal MAHARAJA in respect of Mixer-grinder machine and that the trade mark MAHARAJA is shown prominently on the Defendant's products. Not only is the Defendant fraudulently and dishonestly using the Plaintiff's trade mark MAHARAJA in respect of Mixer-grinders but has with similar intent has adopted the use of the logo script which is an exact reproduction of the Plaintiff's mark MAHARAJA. This malafide act of the Defendant will inevitably cause confusion and deception in the minds of the public at large. The plaint further sets out that the plaintiff has already suffered damages to its reputation, goodwill and business and is likely to suffer further damages if the Defendant is not restrained from using the trade mark MAHARAJA in respect of its products. It is then averred that the Defendant has already made undue profits on accounts of its offending activities.

(3.) Pursuant to orders passed by this Court, evidence was lead by means of the affidavit of Shri Harish Kumar, a partner of the Plaintiff, in which he has traversed and affirmed the statements made in the plaint.