SEVANTILAL S SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application in revision arises out of an order passed on August 3 1965 by Mr. D. C. Mehta Chief City Magistrate Ahmedabad in Original Case No. 649 of 1965 whereby the complaint came to be dismissed under sec. 203 of the Original Procedure Code.

(2.) The Gujarat Industries Private Ltd. Bombay having its registered office at Bombay-4 of which the compliant Mr. Sevantilal Shah happens to be the Secretary has been manufacturing fountain-pens and its components of different varieties such as Ashok Service Champion etc and of those the most popular fountain pens in demand are Champion and Ashok. The annual sale of the fountain pens extends over rupees thirty lakhs and out of the same the sale of Champion-555 fountain pens covers a sum of rupees six lakhs or so. The prices of Champion and Ashok fountain pens are about Rs. 18/and Rs. 7-50 to Rs. 9/per dozen respectively. The complainant has then alleged that the trade mark on the fountain-pens manufactured by his Company are Champion and Ashok and the same are registered in the office of the Trade and Merchandise Mark Registry at Bombay under Trade Mark Nos. 157902 and 157905 respectively. His company has thus acquired an exclusive right to use the said Trade Marks in the realm of fountain pen industry and the same has become well known to the trade and the public on account of its extensive use. He has then referred to special marks indicated on those fountain pens manufactured by his Company.

(3.) The case of the complainant then is that he has learnt from his agents that some traders whose names and addresses he is not able to know have been counterfeiting using and selling such and similar fountain pens and their components bearing the same Trade Marks Champion and Ashok in the City of Ahmedabad within the jurisdiction of the Court. Such fountain pens are being sold at extremely low price in the markets at Ahmedabad and elsewhere. He has also produced along with the complaint the fountain pens manufactured by them as also the fountain pens marked with counterfeit Trade Marks similar to those of has Company for the purpose of comparison etc. Thus according to the complainant those persons have committed and continued to commit offences punishable under secs. 78(b) and 79 of the Trade & Merchandise Marks Act 1958 hereafter to be referred to as the Act. Towards the end of the complaint he has requested the learned Magistrate to direct the Inspector of Police Crime Branch Ahmedabad to make inquiries arid find out the persons dealing and manufacturing such counterfeit goods so as to be dealt with in accordance with law.