G THIRUMOORTHY SOLE PROPRIETOR OF KALYANI COVERING Vs. T RADHAKRISHNAN SOLE PROPRIETOR OF THANGAM AGENCIES AND KALYANI COVERING

JUDGEMENT

(1.) ORIGINAL Applications No. 196 to 198 of 2000 have been filed by the applicant to grant interim injunction restraining the respondent and their men from in any manner infringing the applicant's registered trade mark KALYANI COVERING by use of trade mark KALYANA COVERING or any mark similar to applicant's registered trade mark in respect of gold covering ornaments and jewellery and also to restrain them from passing off the respondent's gold covering ornaments and jewellery as and for the applicant's gold covering ornaments and also to restrain them from in any manner using KALYANA COVERING logo which is a substantial reproduction of and amounts to infringement of applicant's registered copyright in the artistic work KALYANI COVERING logo or by use of any logo which is a reproduction of the applicant's logo and thereby amounting to infringement. Application No. 1057 of 2000 has been filed by the applicant to grant leave to combine the cause of action in respect of infringement of trade mark and copyright as well as passing off.

(2.) THE case in brief for disposal of all these applications is as follows: THE applicant is a sole proprietor of Kalyani Covering having his place of business at No. 2, R.K. Mutt Road, Mylapore and principal place of business at Trichy. THE applicant is carrying on a well established business in sale and distribution of gold plated covering jewellery since 1960 under the trade name Kalyani Covering. THEy are distributed with a wide sales network throughout India. It is also advertised through various media including inter alia, television, radio, newspaper and magazines. THE applicant is the proprietor of the trade mark Kalyani Covering registered under No. 485271 dated 4.2.1998 in class 14 in respect of "Gold Covering Ornaments". THE registration has been renewed upto 4.2.2002. THE applicant is also the proprietor of the artistic work Kalyani Covering in a device with distinctive style of writing. It is also registered under the Copyright Act, 1957.

(3.) THE points that arise for consideration are (1) whether the applicant has got prima facie case and the balance of convenience is in their favour? (2) To what relief?