RAJESH CHHEDA Vs. SHUBHAM PLYWOOD PARK

JUDGEMENT

(1.) The plaintiffs' Suit is for preventing the infringement of trademark "Shubham" and passing off against the defendants, who alleged to have been using the word "Shubham Plywood" and "Shubham Plywood Park". Admittedly, the registered mark is "Shubham" in Class 35 in the name of M/s. Shubham Plywood, Service Providers and Merchants of the Plaintiffs, who is dealing with sale and purchase of plywood, veneers, block board, flush doors, etc. The word "Shubham" is in use since 1998 and accordingly placed on record the sales figures.

(2.) It is clear that the plaintiffs registered trademark/word "SHUBHAM" is registered along with the symbol of swastik at the right side. The word "plywood" is not there. The averment that registered trademark is "Shubjam Plywood" is not correct. The plaintiffs unable to place material on record to substantiate the case except photographs of the shop name "Shubham Plywood" and one visiting card. There are innumerable shops selling the plywood under the name of "Shubham Plywood" in different parts of Mumbai. No such case is made out for appropriate reliefs against all those persons. The contention is that in the area where the plaintiffs are doing business, the defendants are also doing business by putting the name as "Shubham Plywood Park" and, therefore, this Suit and Motion for interim relief, restricted to the area only.

(3.) The defendants in reply resisted the same on various grounds and also averred that since 2001-2002 as they were doing the business under the name and style of "Shubham Sanitary & Hardware". They have adopted this name and containing the business also of plywood by adopting the name "Shubham Plywood Park". There was no intention to use or mis-use the name of plaintiffs alleged name "Shubham". Even otherwise, "Shubham" is common word. The defendants are not using the logo "Shubham" with swastik mark and neither selling plywood by using the trademark of the plaintiff on the plywood. He is selling and doing the business of plywood of different variety and names like "Valley", "Harsh Gold". It is also stated that he he is the stockist of "Choice Ply".