RAJAMANI FABRICS Vs. MOTHI TEXTILES

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellants as well as the respondent. By consent of the counsels appearing for the appellants as well as for the respondent, all the appeals have been taken up together for hearing and a common judgment is passed.

(2.) The respondent herein had filed C.S.No. 581 of 2000 before this Court under Order IV, Rule 1 of the Original Side Rules read with Sections 27,28,29,105 and 106 of the Trade Merchandise Marks Act, 1958 and Sections 27, 28, 29, 134 and 135 of Trade Marks Act, 1999 read with Sections 51, 58, 62 and 63 of Copy Right Act, 1957, praying for the grant of a Judgment and decree on the following terms:-

(3.) It is the case of the plaintiff Mothi Textiles, the respondent in the present appeals that the defendants, namely, Rajamani Fabrics and Swathi Textiles who are the appellants in the present appeals are manufacturing and selling towels bearing the Trade Mark MOTI. The plaintiff is carrying on the business of manufacturing and marketing of towels all over India from the year 1971. The plaintiff is the registered proprietor of the Trade Mark MOTHI TOWEL LABEL registered under No. 454606, dated 26th May, 1986, in clause 24 in respect of "handloom towels and napkins". The registration had been renewed upto 26th May,2000. It has been further stated that the plaintiff is also the proprietor of Artistic Work 'MOTHI TOWELS LABEL' registered under the Copyright Act,1957. The plaintiff is also the proprietor of the Artistic Work MOTHI in SCRIPT registered under the Copyright Act, 1957. The plaintiff had furnished the sales figures for the period 1991-1992 to 1997-1998. The plaintiff had also given figures of advertisement and sales promotion of the plaintiff's towels sold under the Trade Mark 'MOTHI LABEL' during the period 1991-1992 to 1996-1997. It has also been stated by the plaintiff that by virtue of long, extensive and continuous use, the plaintiff's Trade Mark 'MOTHI LABEL' enjoys great reputation and goodwill. The Trade Mark 'MOTHI LABEL' is identified by the trade and by the public with the plaintiff's towels.