AUSTIN REED LIMITED Vs. SUNTEX GRAMENTS

JUDGEMENT

(1.) THE applicant is a Company having its registered office in Station Road, THIRSK, North Yorkshire, Y 07, 1 QH, England consisting of three partners namely, defendants 2 to 4, who are carrying on business in Calcutta. The applicant manufactures and sells garments under the trademark 'Austin Reed'. The respondents run a business under the name and style of 'Suntex Garments'.

(2.) THE applicant commenced its business in 1900 and soon established a reputation for excellence and high quality. The applicant is an international player and has a trans -country reputation. In India, the applicant's trademark 'Austin Reed' was duly registered since 1950. In September 2001, the applicant came to know that the defendants were selling their garments using the applicant's trademark within and outside the territorial jurisdiction of this Court. Further enquiries revealed that the respondents had filed a trademark application in the name 'Austin Reed' and a notice was issued on 24 -09 -2001. There was exchange of correspondence. In none of the letters sent by the respondents did they put up any defence regarding the adoption of the trademark. Instead, they indicated that they were interested in settling the matter.

(3.) THE respondent, who has filed an application for revocation of leave to sue would submit that there is no justification for filing the suit in the Original Side of this High Court. The applicant carries on business in England. The respondent carries on business in Calcutta. The allegation of sale in Chennai is unfounded and therefore, the leave to sue should be revoked.