SONY KABUSHIKI KAISHA Vs. MAHALUXMI TEXTILE MILLS

JUDGEMENT

(1.) The instant application is at the instance of the plaintiff in a suit for permanent injunction and is directed against an order being no. 97 dated April 30, 2011 passed by the learned Additional District Judge 7th court at Alipore in Title Suit No. 129 of 1997 whereby the application for amendment of plaint was rejected.

(2.) The petitioner claims to be the registered proprietor in India of the trade mark "SONY" in respect of electronic goods. The products manufactured by the petitioner with the trade mark "SONY" are available and marketed throughout India. SONY also forms the most distinctive feature of petitioner's corporate name and trading style. Investigation carried out by the petitioner revealed that the opposite party was using the trade mark "SONY" for hosiery goods. The opposite party is marketing and selling the hosiery goods under trade mark "SONY" with the object of deceiving the public and leading them to believe that in purchasing the goods offered for sale by the opposite party they were buying the goods manufactured by the petitioner.

(3.) The instant suit was filed sometimes in the year 1997. The petitioner claims that at that point of time the application for registration of the trade mark "SONY" in respect of class of goods manufactured and offered for sale by the opposite party was pending with the Registrar of Trade Marks. The suit was instituted on the ground that the opposite party is passing off the trade mark of the petitioner and a prayer for permanent injunction restraining the opposite party from manufacturing, selling, offering for sell or distributing goods under a mark which is deceptively similar to the petitioner's mark or a colourable imitation of the petitioner's mark "SONY" was made.