PANKAJ JAISWAL Vs. VIRENDRA PRASAD JAISWAL

JUDGEMENT

(1.) This appeal has been filed from an order dated 17th February, 2006 passed by the Hon'ble First Court whereby His Lordship was pleased to restrain the defendant/appellant herein using the word "SEC" anywhere to market their product. His Lordship was also pleased to grant stay for a period of two months from date in the event the defendants change their mark "SEC".

(2.) Fact of the case briefly are as follows: The plaintiff/respondent No.l carries on business as Shiva Engineering Company. The said Shiva Engineering Company was earlier a partnership firm with its partner Virendra Prasad Jaiswal and Surendra Prasad Jaiswal. After the said dissolution the plaintiff carries on business in the name of the said firm as a proprietor thereof. The plaintiff is a manufacturer of electric fan under the trade mark "SEC". Plaintiff uses the said trade mark since about the year 1988 and having its registration No.683188 in respect of the said trade mark "SEC and device" which is registered under the provisions of Trade Marks Act, 1999 (hereinafter referred to as the said Act) in Class 11. The plaintiff also having a registration No.754247 in Class 11 in respect of another variation of the fan which is "SEC Trust" and the same is also registered under the said Act. Plaintiff is also having a certificate in respect of the said trade mark. Both the said registrations and valid and subsisting. Plaintiff also holds a registration of copyright under the Copyright Act, 1957 in respect of "SEC and device" having its registration No. A-58363/2001. The plaintiff sells its ceiling fans in a cardboard box having a distinctive get- up, colour scheme, design ad lay-out. The fans of the plaintiff are sold under "2 years Guarantee" with a guarantee card which is stamped by the dealer at the time of sale of a fan.

(3.) During the period 1998-99 to 2003-04 of the turnover of the plaintiff firm is as follows: Year Sales Figures (In Rs.) 1998-1999 35,29,510.00 1999-2000 47,98,320.00 2000-2001 45,99,498.84 2001-2002 48,74,522.00 2002-2003 45,62,560.00 2003-2004 44,06,292.00