J K SONS Vs. PARKSONS GAMES AND SPORTS

JUDGEMENT

(1.) This is the Defendants appeal against the order of the learned single Judge granting interlocutory reliefs in the Respondents action for infringement and passing off.

(2.) The Respondents contended that they are the proprietors inter-alia of the trade mark 555 written in a stylized manner. The mark was registered and the application for renewal thereof is pending. The Respondents claim to be the assignees of this mark.

(3.) The plaint contains the necessary averments to establish the Respondents' goodwill in respect of the said marks including the sales figures of and the expenses incurred towards publicity, promotion and advertising the goods sold under the said marks. M/s. Parksons Printers had applied for and obtained registration of the trade mark 555 label in class 16 of Schedule IV for playing cards. The mark was assigned from time to time. Ultimately by a Deed of Assignment dated 14.9.2004, the registered trade mark label 555 was assigned to the Respondents. The Respondents' predecessor had applied for registration of the carton/label 555 written in a stylized manner as one of its essential features claiming the user thereof since 26.9.1973. The application for renewal of the mark is pending. The Respondents have also filed an application for registration of the trade mark 555 (word per-se and logo) also in Clause 16 thereof claiming user since 26.9.1973. The Respondents have used the trade mark label 555 in conjunction with other marks such as MEREDIAN, MERELANE Delux and MERELANE Premium.