COMORIN MATCH INDUSTRIES (P) LTD., Vs. ALAGARSAMY

JUDGEMENT

(1.) This appeal had been filed against the dismissal of OS. No.43 of 1998, by the learned Principal District Judge, Virudhunagar at Srivilliputhur, by judgment, dated 21.12.2001.

(2.) The plaintiff is the appellant. The plaintiff had filed the said suit, seeking an order of permanent injunction, restraining the defendants from printing, manufacturing and selling match boxes containing the infringing trade marks label, which are deceptively similar having colourable imitation of the plaintiff's registered trade mark label and for further directions requiring the defendants to render a true and proper accounts of the sales of their match boxes by using the impugned label and for damages of Rs.1,000.00 (Rupees One Thousand only) and for direction to produce all unused infringing labels as well as the blocks and dyes used by them for printing, the infringing labels in their custody for the purpose of destruction and for costs of the Suit.

(3.) It is the case of the plaintiff that they are a private Limited Company, incorporated under the Indian Companies Act 1951, having its Registered Office at No.74, Main Road, Kovilpatti. The plaintiff is engaged in manufacturing and selling of safety match boxes from 1951 and has got a good reputation all of over India. The plaintiff had invented a label and affixed them on top of each and every match box manufactured by them. The label was also approved by the Assistant Collector of Central Excise, Madurai, by order dated 012.1951. The label contains the picture of a man with a whip in his hand ploughing with the help of two bulls. On the left side top corner of the said label, the word 'kisan' and on the right side, the same word is written in Hindi. The label is also registered in the name of the plaintiff before the Registrar of Trade Marks, Bombay in clause 34 of the Trade and Mercantile Act, 1958, on 08.02.1960 with Registration No.194390. It had been stated that the trade mark has been associated with the plaintiff and the consumers associated the said Trade Mark with the match boxes produced and sold by the plaintiff. The total sales of the plaintiff's match boxes has been increasing year by year. The plaintiff has considerable goodwill in the market. The second defendant was doing business in trading safety matches, supplying raw materials to various match factory owners and as well as match boxes in the open market. The second defendant had used the word 'KRISEE' written in English and Bail Gadi in Hindi. This was objected to by the plaintiff and the second defendant had agreed by document dated 05.04.1997 not to continue his business with the said trade mark. The first defendant was running a match factory under the name and style of 'Kathiresh Match Works' at Kandiapuram Village, Sattur Taluk. The plaintiff came to know that the second defendant had again started manufacturing safety matches through the first defendant with label containing the picture of a man sitting in a cart, with a whip in his hand and driven by one bull. It had been stated that the said label is deceptively similar to the registered trade mark of the plaintiff.