SUN TEXTILE ENGINEERS Vs. STATE OF GUAJRAT

JUDGEMENT

(1.) Petitioners are the original accused. They seek quashing of complaint bearing inquiry case No.3 of 2002 pending before JMFC, Surat on the ground that the complaint does not disclose any of the offences mentioned in the complaint.

(2.) In the impugned complaint, offences mentioned against the petitioners are those punishable under section 101 to 104 of the Trade Marks Act, 1999 (hereinafter to be referred to as "the Act of 1999"), under section 63 of the Copyright Act, 1957 and under section 420 of the Indian Penal Code. The complainant has alleged, inter alia, that the complainant company is manufacturer of bulk transporters with air slide discharge system with trade name "ACC ShimMaywa" and sells such products throughout India. Such bulk transporters are specially designed for transporting large quantities of powdery material such as cement, fly-ash, etc. and delivering such materials in a short time with the aid of compressed air. Such machines ensure that the material is transported in closed container protected against weather conditions. The complainant-Company is the owner and proprietor of the said trade mark ACC ShinMaywa Bulk Transporter with the above features. The customers and purchasers of such machines associate the product with such trade mark.

(3.) It is further alleged that the accused in order to deceive and defraud the customers of the complainant Company copied such trade mark and trade description deceptively and are using the trade mark and trade description. They have copied the same and essential features printed in the catalogue of the Company's product. On the above grounds, it is alleged that the petitioners committed offence punishable under section 101 to 104 of the Act of 1999. They also committed offence under section 63 of the Copyright Act and section 420 of the Indian Penal Code. I have heard the learned counsel for the petitioners. No one appeared for the original complainant though the matter was heard for a span of two days.