CHANDRASHEKHARAN Vs. BABU MACHINE WORKS

JUDGEMENT

(1.) FIRST defendant is the appellant.

(2.) THE averments in the petition are briefly as follows : THE petitioner is carrying on business in hand pumps for pumping water under the trade mark "Sun" which appears on the outer surface of the barrel of the pump. It is a simplified figure of the'Sun'. THE trade mark is within a circle from which lines representing light rays emanate outwards and inside the circle, the word'Sun'is written in Roman capital letters. THE trade mark has been registered by the petitioner on 1.3.1983 under Registration No. 322007. Even before the registration of the mark, he was manufacturing and marketing the same. THE plaintiffs belongs to the family of Adithans Industrialists in Tirunelveli District. THE meaning of the work "Adithan" is'Sun'. THE Sun Mark was a strong persuasive factor at the point of sale. THE pumps manufactured by the petitioner have enjoyed a good reputation and wide market in the District of Tirunelveli and outside. THE first respondent was formerly an employee of the petitioner. After leaving the services of the petitioner, the first respondent has made and marketed hand pumps carrying on a trade mark which is deceptively similar to the petitioner's trade mark, with the intention of getting profits by colourable imitation by the petitioner's trade mark. THE trade mark of the first respondent is a symbolical representation of the'Sun'consisting of the upper half of the circle from which straight lines representing light rays emanate outwards. Below the figure of the Sun, the word "Yamuna" is written. One of the political parties in Tamil Nadu has adopted'Sun'as their election symbol consisting of the upper half of a circle with rays emanating therefrom. Millions of people in Tamil Nadu are associated with the same. THE trade name "Yamuna" does not bear my connection with the'Sun'. A purchaser of hand pump manufactured by the petitioner is often a villager not having high education. It is easy for the respondents to pass off their pumps to these purchasers showing the circle with lines emanating as rays. By their conduct, the respondents are imitating the pumps manufactured by the petitioner and are passing off the same. THErefore, the petitioner has filed this petition for injunction and for accounting.

(3.) AGGRIEVED over the same, the first respondent has come forward with this appeal.