RAJESWARI FIRE WORKS Vs. KALISWARI FIRE WORKS

JUDGEMENT

(1.) The 1st Defendant in the Suit has filed the above Appeal. The Appeal is filed challenging the Judgment and Decree, dtd. 19/8/2013 passed in O.S. No.35 of 2010 on the file of the Principal District Court of Virudhunagar at Srivilliputhur.

(2.) The parties will be referred to as per their ranking in the Suit.

(3.) The brief facts of the case leading to the above Appeal are as follows: The Plaintiff is a Registered Partnership Firm having its principal place of business at Sivakasi, Virudhunagar District, Tamil Nadu. The Plaintiff is a Manufacturer of Fire Works, Crackers, Sparklers and other allied products in India since 1923. The products of the Plaintiff are represented by a unique Trade Mark COCK with a device of multi colour Rooster inside the two circles in the background of yellow shade which was devised by the founders of the Plaintiff's Firm in 1923 and registered in Class 13 of the Register of Trade Marks on 17/8/1954 under Registration No.165412. The Trade Mark of the Plaintiff was renewed from time to time. The Plaintiff earned a reputation for itself among the users of the Fire Works. The Plaintiff spent huge amount to popularise its COCK brand products across the country by incurring considerable expenditure for the same. The Plaintiff had issued Trade Mark Caution Notice in all leading Newspapers on 9/3/2010 to protect its Trade Mark COCK. According to the Plaintiff, it registered its distinctive artistic work of the Trade Mark COCK under the Copyright Act also in Copyright Registration No.A-95119/2009 with its name "KALISWARI".