KITPLY INDUSTRIES LIMITED Vs. S. MANIKANANDAN

JUDGEMENT

(1.) The petitioner, as the plaintiff in a suit for infringement of trademark and copyright has filed this application praying for various orders against the respondents, the defendants in the suit.

(2.) The petitioner was originally established as a partnership firm and in the year 1982, it was converted into a private limited company. Subsequently, the petitioner was changed into a public company. At all material times, the petitioner carried and still carries on the business of manufacturing and marketing of diverse range of plywood, block boards, ply boards, laminates and other allied products. The petitioner claims to be known through out India for its plywood products and block boards. The petitioner is the proprietor of various trademarks of its diverse products. The primary trade marks owned and used by the petitioner are the trade marks 'KIT' and its varient, 'KITPLY', which comprises the leading element 'KIT'. The trade marks 'KIT' and 'KITPLY' are claimed to be coined and invented words adopted by the petitioner in the year 1982 and have been used by the petitioner uninterruptedly since then. The petitioner also owns and uses various associated/formative trade marks, comprising the leading and identifying element 'KIT', such as 'KITCOM', 'KIT-2000', 'KIT BOARD', 'KIT MICA', 'KITPLY ROYALE', 'KITPLY VISTA' etc. The trademark 'KITPLY' being a variant of the primary trademark 'KIT' is used by the petitioner per se as a part of its trading name, as well as in many stylised forms including "Kitply with leaves on top" which is an artistic level. The petitioner is the owner of the copyright in the artistic works/levels used by it and it has disclosed certificates of registration of copyright of two art works comprising "KITPLY". The trade marks of the petitioner are distinctive of its products and such trade marks are claimed to be exclusively associated with the petitioner.

(3.) The petitioner has disclosed the copies of registration certificates of its trade marks 'Kitply (label)', 'KITBOARD GOLD (word)', 'KITPLY GOLD' (word), 'KITSTAR', 'Kitmica', 'KITPLY', 'KIT 2000', all in class 19 of the NICE Classification of Goods and Services, employing the leading and identifying feature 'KIT'.