KONAR PUBLICATIONS Vs. MADRAS PALANIAPPA BROS

JUDGEMENT

(1.) IN these appeals, as common question of law involved and preferred against common judgment, they were heard together and disposed of by this common judgment.

(2.) BEFORE deciding individual claim and counter claim, including the pleading as was set forth in different plaints, it is desirable to note certain undisputed facts, as shown hereunder :-S. M. Palaniappa Chettiar, 1st plaintiff in C. S. No. 311/97 commenced business sometime in 1940's of publishing 'konar Notes' for school students through M/s. Palaniappa Brothers, 2nd plaintiff in C. S. No. 311/97, a family partnership firm, respondent herein. The author of the book was one Vidwan Ayyan Perumal Konar, a Tamil scholar, assisted by a team of scholars. The notes seems to have popularly come to be knows as "konar Tamil Urai", i. e. , Konar Tamil Notes. For the present, they are publishing "konar Tamil Urai" for students of classes XI and XII. M/s. Karthikeyan and Co. , 1st defendant in C. S. No. 284/97 was established in 1956 as a registered firm under the Indian Partnership Act. It started publishing school books, including 'konar Tamil Urai' for III to VIII standards. Konar Publications, plaintiff in C. S. Nos. 284, 285, 286 and 287 of 1997, (appellant herein), was established in 1956. It acted as sole selling agent/distributor of 'konar Tamil Urai' for schools in Madurai. Later on, it also started publishing 'konar Tamil Urai' for College students. It applied for registration of trade mark "konar" in 1982, which was allowed in the year 1997, followed by renewal of such registration. Another M/s. Madras Karthikeyan and Co. , a partnership firm (1st defendant in C. S. No. 287/97) was opened in 1991, which started publishing school books, including 'konar Tamil Urai' for the students of IX standard. M/s. Madras Palaniappa Brothers, another partnership firm (1st defendant in C. S. No. 286/97), was started in 1992 and started publishing school books, including 'konar Tamil Urai', for students of X standard.

(3.) M/s. PALANIAPPA Brothers, which was originally established in 1940's and started publication of 'konar Tamil Urai', got it registered with the Registrar of Firms under the Indian Partnership Act in 1975. In the meantime, Vidwan Ayyan Perumal Konar having died on 1st Jan. , 1969, M/s. Palaniappa Brothers continued to publish the books with the help of other vidwans (scholars ).