BHAVSAR MEENABEN VIJAYKUMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of India praying for quashing and setting aside the impugned FIR, being C. R. No. II-3119 of 2007 registered at Naranpura Police station, Ahmedabad, under sections 107 (1) a,b,c,d and section 107 (2) of the Trade Marks Act, 1999 at Annexure P to the petition.

(2.) IT is the case of the petitioner that the petitioner being the proprietor of M/s Shivam Home Industries is doing and running her business of distributing and selling the chalk sticks since 1994. The petitioner is doing the said business in the trade name/mark "national chalk sticks", since, 3rd February 1994 and the petitioner has incurred huge expenses to establish the goodwill and reputation of the trade name "national chalk sticks". The petitioner has applied for Trade mark "national chalk sticks" on 26th February 1994 vide T. M. No. 842945 dated 26th February 1994 for distributing and selling the Chalk in class 16. On 12th September 2003, the petitioner got the order of acceptance. The petitioner has also obtained the copyright Registration No. 76021/2006 dated 16th March 2006.

(3.) THE respondent No. 2/ complainant was dealing in the business in the name and style of International chalk sticks and thereby, the respondent No. 2 was trying to deceive the customers by using similar and identical name as of the petitioner's Trade name "national chalk sticks". with similar artistic design and phonetical write up label which may cause confusion and deception in the mind of petitioner's customers. As the petitioner came to know about the same, the petitioner had initiated proceedings against the respondent No. 2 in the year 2004 by filing one criminal complaint against the respondent No. 2 as well as one Mr. Pravin Shah of M/s Batuk Printers, being C. R No. II 3155 of 2004 registered at Naroda police station. The police has submitted the charge sheet against the respondent No. 2 and another accused and thereafter, the case has been registered as criminal case No. 861 of 2004 before the learned Metropolitan Magistrate, Court No. 18, Ahmedabad. In the said criminal case settlement was arrived at between the petitioner and the respondent No. 2.