RADHESHYAM TOURISM Vs. RADHESHYAM TRAVELS PRIVATE LIMITED

JUDGEMENT

(1.) These two appeals filed under Order 43 of the Code of Civil Procedure, 1908 ('the Code') are between the same parties. Appeal from Order No.123 of 2017 is preferred against grant of interim injunction in favour of the respondent in Regular Civil Suit No.1410 of 2013 preferred by the respondent. Appeal from Order No.124 of 2017 is preferred against refusal of grant of injunction to the appellant in the Civil Suit No.523 of 2013 preferred by the appellant.

(2.) The suits are filed for passing off action concerning the use of trademark 'Radheshyam'.

(3.) As per the case of the respondent in its suit, one Shri Radheshyambhai, father of the Director Shri Bhaskar Rao of the respondent company, had coined the trade mark Radheshyam, word per say and started use of such trade mark in Radheshyam Yatra Sangh with Travel Arrangement Services for such Sangh since 1940. After death of Radheshyambhai in 1987, his son Bhaskar Rao continued the business of providing travel services under trade name/ corporate name Radheshyam Tours and Travels and on growth in travel business, a company, named Radheshyam Travel Private Limited, came to be incorporated under the provisions of the Companies Act, 1956 since 14.2.2000. It is averred in the plaint that the business in the name of Radheshyam Travels has gone in crores of rupees and created tremendous reputation and goodwill due to quality of services provided by the respondent to the public at large. Thus, the respondent has established and managed the goodwill and reputation earned by late Shri Radheshyambhai, who was founder and inventor of trade mark "Radheshyam". In the plaint, details about the sale/ income, advertisement expenses and printing expenses of Radheshyam Tours and Travels from 1989 to 2013 are given out. It is further averred in the plaint that the device representing coined word Radheshyam in artistic manner is registered in Class 16 and the respondent has also applied for registration of the label/ device in Class 39. The respondent claims to have exclusive right to use the trade name "Radheshyam" and states that it is entitled to restrain others from using and/or imitating the said trade name. As regards the cause of action for filing the suit, it is stated that the respondent came to know about the use of mark "Shri Radheshyam Tourism" and its label/ device by the appellant from the advertisement given in the newspaper and when the respondent served notice to the appellant to desist or cease from using such mark and when the appellant continued to use such mark and also instituted suit, being Civil Suit No.523 of 2013, the above-referred suit was required to be filed.