J ZEENATH BIVI Vs. M KHADER IBRAHIM

JUDGEMENT

(1.) The above O.S.A. Nos.30 to 37 of 2003 are preferred against a common order passed in O.A.Nos.730 to 733 of 2002 in C.S.No.727 of 2002 and O.A.Nos.444 to 447 of 2002 in C.S.No.455 of 2002 on the file of this Court. There are two suits filed one by the appellant herein in C.S.No.727 of 2002, and another by the respondents herein in C.S.No.455 of 2002. Both the parties sought for interim injunction in their pending suits restraining the other party from infringing trademark ROJA or RAJA, from infringing copyright which the respective parties have in the artistic work contained in their registered copyright, from manufacturing, marketing, selling or advertising or packing in respect of betel nut/supari or any kind or its allied products in the course of business using the trademark ROJA or ROSE or using the trading style with the initial N.V.K.M. or claiming the source or origin of business and against the passing off action.

(2.) All the eight petitions were considered together by a learned Single Judge of this Court and the learned Single Judge, by common order passed on 31.12.2002, held that the respondents herein have established prima facie case and the balance of convenience lies also in favour of the respondents herein. Learned Judge also held that the parties are joint proprietors of the registered trademarks and they are entitled to use the trademarks, ROJA and RAJA for the purpose of manufacturing and selling the scented betel nuts and no individual joint proprietor has any right to use the registered trademarks. Learned Judge further held that if anyone of the joint proprietors is not willing to join the majority of the joint proprietors, then it will be open to the majority of the joint proprietors to make use of the registered trademarks and the trading style and they should render a true and proper account once in a month to the other joint proprietor who is unwilling to join the trade. Learned Judge held that that this arrangement should continue in force till the disposal of rectification applications filed on either side. It is against this common order, the present appeals have been preferred.

(3.) A Bench of this Court admitted the appeals and ordered status quo on 31.1.2003. The appellant is the defendant in the suit, C.S.No.455 of 2002 (hereinafter referred to as the appellant, Zeenath Bivi) and the respondents in the appeal are plaintiffs in C.S.No.455 of 2002 (referred to hereinafter as the respondents/plaintiffs).