TEJU SINGH Vs. SHANTA DEVI

JUDGEMENT

(1.) This appeal is filed by the defendant under clause 15 of the Letters Patent against the judgment of our learned brother Sambasiva Rao, J. dismissing C.C.C.A.No. 124 of 1970 (reported in AIR 1973 Andh Pra 51, Teju Singh v. Shanta Devi).

(2.) The plaintiff filed the suit O.S. No. 18 of 1970 in the Court of the Chief Judge, City Civil Court, Hyderabad, for an injunction restraining the defendant from using her trade name of business for recovery of Rs. 400.00 by way of damages and together with other incidental reliefs. The trial Court decreed the suit only so far as injunction is concerned, but rejected the relief for damages. Aggrieved by this, the defendant filed C.C.C.A. No. 124 of 1970. The appeal was dismissed by our learned brother holding that the plaintiffs trade name is a distinctive name and that irrespective of the question whether he acquired any reputation or not, he is entitled to an injunction as the defendant has started his business very near the plaintiff subsequently and that there is also a likehood of deception or confusion among customers with respect to the name adopted by the defendant . Against the said judgment, the defendant filed the above appeal.

(3.) Before proceeding to consider the points raised in this appeal, it is necessary to give particulars about the trade names adopted by the rival parties. The plaintiff started her business of electric dry cleaning of clothes in the year 1965 locating the shop on the Kachiguda main road, Hyderabad. The covers which the plaintiff delivers the goods depict the design of two concentric circles. The inner circle contained the figure of a man carrying a coat with the words "8 Hours" shown over his shoulder. In the interspace between the two circles the wors "ONE DAY SERVICE" are printed DOWN below the circle there are the words "One day" and down below "Electric Dry-Cleaners". In between the Words "One day" the same figure of the man with coat in one hand and the words "8 hours" on the shoulder are inscribed. The design is printed in black over a brown paper cover. The sign board of the plaintiff in front of the shop contains the following words "One day Electric Dry-Cleaners." In between the words "One day" there is a design of a man carrying a coat in one hand and the words "8 Hours" on the other ( vide Exs. A-1 and A-4 ). On the other hand the defendants paper bag contains the following design and description in green colour. There is a bird carrying a coat on her beak. On either side of the said design there are the words "Give Morning" and "Take Evening." Down below the design we find the following words:---- "Only 1-day Electric Dry-Cleaners." Below these words the figure of a lady is printed. The sign-board also contains the figure of the bird carrying the coat and to the left of the bird the figure "1" is put and to the right the word "Day" is put in broad letters and down below we find the words "Electric Dry-Cleaners". (Vide Exs. A4 and A-7). The defendants shop is located a few yards away the plaintiffs shop.