INDIAN HUME PIPE COMPANY LIMITED Vs. VENDRA VENKANNA PROPRIETOR OF JAI BHARATHI CEMENT WORKS PENUGONDA

JUDGEMENT

(1.) The Indian Hume Pipe Co., Ltd., is the appellant in all these appeals. The appeals are presented against common judgment of the Court of the District Judge, West Godavari at Eluru in O.S. Nos. 30, 53 and 54 of 1954 which were all instituted by the appellant herein as the plaintiff against various defendants. The suits were instituted claiming reliefs for an alleged infringement of the trade mark of the plaintiff in relation to cement concrete pipes manufactured and sold by the plaintiff and of the patent registered in relation to the said cement concrete pipes.

(2.) The plaintiffs case in brief is that it is a long standing manufacturer and seller of cement concrete pipes under the trade mark and name "Hume Pipes" and "Humeogenous Pipes". The said pipes manufactured by it acquired reputation in India and other countries. The Company had registered the said trade marks with the Registrar of Trade Marks under the Trade Marks Act of 1940 (Act V of 1940) as Nos. 1313 and 1317 on 24-6-1942. The registration was for a period of 7 years in the first instance and renewal thereof was obtained for a further period of 15 years. The plaintiff-company is therefore the registered proprietor of the said trade mark. The plaintiff-company had also registered its patent in relation to the said cement pipes as an invention in or relating to cages or drums for forming thereon reinforcement of concrete pipes as patent No. 20709 on 19-3-1934 under the Patents and Designs Act of 1911 (Act II of 1911). By virtue of the said patent, the plaintiff has the sole and exclusive rights in the use and manufacture of the machine and method which was so registered. The said patent is valid and subsisting. While so, the plaintiff alleged that the various defendants, who are manufacturers of cement concrete pipes, had infringed the rights of the plaintiff by manufacturing and selling cement concrete pipes under the plaintiffs trade mark and name and using the patented machine and method for manufacturing the said cement pipes.

(3.) The defendant in O.S. No. 30 of 1954 is one Vendra Venkanna, Proprietor of Jai Bharathi Cement Works, Penugonda, West Godavari District. The plaintiff alleged against him that he had infringed the plaintiffs rights deliberately and wilfully and was passing off his cement concrete pipes as those of the plaintiff making the public to believe that his goods of inferior quality were the genuine goods of the plaintiff and that the plaintiff came to know of the said infringement in or about July 1953 whereupon by notice dated 16-10-1953 the plaintiff called upon the defendant to desist from infringement. The defendant replied expressing ignorance of the plaintiffs rights and professing to desist from the using the plaintiffs trade mark for his goods. The plaintiff, however, understood that he was still publishing advertisements etc., offering his goods as "Hume Pipes" and "Humeogenous Pipes". Since the defendant began to market his products, the sales of the plaintiff had fallen and orders from Municipalities, Corporations and other Public bodies had been obtained by the defendant. The plaintiff had suffered damage. The plaintiff therefore claimed damages estimated at Rs. 10,000.00 for the loss suffered by the diminution in the plaintiffs sales by reason of the defendants marketing his goods under the plaintiffs trade mark. The plaintiff further claimed a sum of Rs. 9,000.00 as damages for the infringement of the patent. Further to the relief of damages, the plaintiff prayed for an injunction restraining the defendant from infringing the plaintiffs trade mark and patent. The plaintiff also prayed for the reliefs of delivery or destruction of the goods made in infringement of the patent, for an account to be taken of the profits made by the defendant by the sale of the goods infringing the plaintiffs trade mark and for an enquiry into the profits so made.