KHAITAN INDIA LIMITED Vs. KHAITAR INDUSTRIES PRIVATE LIMITED

JUDGEMENT

(1.) The plaintiff has filed the instant application for grant of injunction restraining the defendant and each of them, their servants, agents, assigns, distributors, stockists, dealers and all others acting for and on their behalf from any way or manner infringing the plaintiff's trademarks "KHAITAN" and any other words or get up identical or deceptively similar to the plaintiff's trademark and other reliefs.

(2.) The plaintiff is engaged in the business of trading and marketing of domestic and industrial fans, pumps, industrial products and appliances since 1970 and since then, the plaintiff has excelled in its business of trading and marketing of its products. The products of the plaintiff have been synonymous with excellent quality of fans and other products in India. The plaintiff's goods have acquired immense goodwill and reputation in the market.

(3.) In order to built up a brand of its own and to distinguish its products with the other products in the market, in the year 1970, the plaintiff coined and adopted an innovative and distinctive mark, being "KHAITAN" with the word "KHAITAN' written in red colour in a stylized manner and a visual representation of a fan placed above the letter "i" in the mark. The said mark consists of a distinct colour and font, represented in a distinctive manner.