SRINIKETAN FASHIONS PVT LTD Vs. DURGAPUR SRINIKETAN

JUDGEMENT

(1.) A suit has been filed complaining of infringement of trade mark or name. This interlocutory application has been made in aid of the above suit. The plaintiff claims to be the owner of the english trade mark or name Sriniketan SHOPPERS PLEASURE and also the bengali trade mark or name Sriniketan Kenakatar Anandaniketan. They allege that the defendant by using the trade mark or name Sriniketan Kenakatar Ananda Mela in english and Durgapur Sriniketan Kenakatar Ananda Mela in bengali are infringing their mark or name.

(2.) Since 1962 one Nityananda Aich carried on business as Sriniketan Proprietors . He had no partners and operated by himself from Sodepur, West Bengal. The plaintiff says that Nityananda Aich carried on business as retail and general merchant . In 1991, he promoted a private limited company. He named it Sriniketan Fashions Private Limited. On 14th October, 2004 M/s. Saha & Roy Advocates were engaged by Nityananda Aich to write to the defendant. They alleged that the defendant was infringing their above bengali trade mark. The defendant wrote back on 26th October, 2004 through an advocate saying that the word Sriniketan is a place associated with Rabindra Nath Tagore and that the defendant was not infringing the plaintiff s mark. In April 2005 this company took over the business of Sriniketan Proprietors. After April 2005 the business of the plaintiff started growing. It was engaged in retailing textile, textile goods, garments, foot wear, headgear and also selling food and drink and other services from four shops across West Bengal. They were situated in Sodepur, Barasat in 24 Parganas (N), Hiland Park in Kolkata and at 124B, Bidhan Sarani, Shyambazaar, Kolkata 700 004.

(3.) On 25th September, 2006 the plaintiff applied before the Trade Marks Registry for registration of the english trade mark or name. On the same day the plaintiff applied for registration of the bengali trade mark or name. On 15th March, 2008, the Registrar of trade mark issued a certificate that the English trade mark or name had been registered in the name of the plaintiff. On 17th /18th March, 2008, the Registrar of trade mark issued a certificate that the bengali trade mark or name had been registered in the name of the plaintiff.