CLUETT PEABODY AND CO INC Vs. ARROW APPARALS

JUDGEMENT

(1.) THE above suit is filed by the plaintiffs to restrain infringement of plaintiff No. 1 registered mark "arrow" consisting of word mark "arrow" and also the devise of "arrow" in relation to readymade garments. The suit is also to restrain the defendant herein from in any manner using in relation to readymade garments the infringed mark "arrow" and of devise of ARROW or any mark deceptively similar thereto or deceptively similar to any marks mentioned in Exhibit A to the plaint so as to pass off or enable others to pass off the goods of the defendants as and for the goods of the plaintiffs. The above suit is also filed by the plaintiffs to restrain the defendant from using the word "arrow" as a part of the defendant trade name and style of any part thereof so as to pass off or enable others to pass off the defendants goods and/or business as and for the goods and/or business of the plaintiffs. The name of the defendant Company is ARROW APPARLES.

(2.) PLAINTIFF No. 1 is a Corporation organised under the laws of the State of Delaware, USA carrying on a international well known business of goods and marketing ready-made garments, wearing apparels. Plaintiff No. 2 is a company in corporated under the Company Act and having its registered office at Ahmedabad, Gujarat. Plaintiff No. 2 manufactures and markets readymade garments and other articles of clothing. Plaintiff No. 2 is the Licensed user of the trade mark of the plaintiff No. 1 which are used by the second plaintiff in connection with goods manufactured by the plaintiff No. 2 under supervision and control and specifications prescribed by plaintiff No. 1.

(3.) DEFENDANT No. 1 is a Firm, carrying on business of manufacturing and dealing in readymade garments, more particularly shirts of which Firm, defendant Nos. 2 and 3 are the Partners.