WOODLANDS TRAVELS Vs. K VASUDEVA RAO

JUDGEMENT

(1.) The present original petition has been filed under Sections 9, 11, 18, 32, 46 and 56 read with Sections 107 and 108 of The Trade and Merchandise Act, 1958 in respect of registration of trademark No. 445603 registered in the name of M/s. Shri K. Vasudeva Rao and K.V. Geetha Rao and trading as "WOODY'S" under class 3D in Part-B of the register.

(2.) This Court ordered notice on 23.11.1992 and the respondents appeared and filed their counter and opposed the application. The parties have let in evidence, both oral and documentary and, thereafter, the matter was heard.

(3.) According to the applicant, the respondents are jointly doing business at Bangalore. The respondents instituted O.S. No. 10716 of 1991 on the file of the Additional City Civil Judge, Bangalore, against the first petitioner under Sections 105 and 106 of The Trade and Merchandise Act, 1958 and also under sections 55, 56, 60 and 62 of the Act for a permanent injunction restraining the first respondent from infringing the respondents trademark the trading style of "WOODY'S". Relief of 'permanent injunction was also sought for to forbear the defendant from passing off the food stuffs under the trade mark and trading style "WOODY'S" and for other reliefs. Since the mark has been registered at Madras, the validity or invalidity of the registration could be questioned and determined only before this Court and, hence, the present application for rectification is filed under Sections 107 and 111 of the Act. The Addl. City Civil Court, Bangalore, has granted injunction forbearing the petitioners from using the said trademark and the petitioners are contesting the said proceedings of injunction.