M/S. PROLINE INC Vs. RAMESH JAIN

JUDGEMENT

(1.) This suit has been filed by plaintiffs wherein the plaintiff No. 1 is a registered partnership firm incorporated under the Indian Partnership Act, 1932, carrying on business from 4, N.S.C. Bose Road, Malancha (Mahinagar), Kolkata - 700072 and also from 29/1B, Chandni Chowk Street, Kolkata - 700072 of which plaintiff No. 2 and 3 namely Mr. Rajeev Jain and Mr. Sanjay Dugar are partners engaged in the business of dealing in various types of speakers, parts and components thereof. The plaintiff no.4 is a limited liability partnership of which plaintiff No. 5 and 6 namely Mr. Vinod Kumar Jain and Mr. Rahul Agarwal are the partners and carrying on business from 85, N.S. Road, Kolkata - 700146 against the defendant Mr. Ramesh Jain carrying on business under the name of M/s. G.K. Electricals, as a sole proprietor from 45/5A/1, Main Road, East Azad Nagar, Near Agarwal Sweets, Delhi - 110051 [hereinafter referred to as 'said defendant'] for the infringement of the registered trade mark "SWETON" by the said defendant.

(2.) Plaintiff no. 1 carries on business under the trade mark "SWETON" represented in a composite label. The plaintiff no. 4 is the licensee of the plaintiff no. 1 and has been permitted to use the said trade mark "SWETON" [hereinafter referred to as 'said trade mark'] in respect of speakers, parts and components thereof [hereinafter referred to as 'said goods'].

(3.) The chronological facts of the instant case are as follows: a. Mr. Vinod Kumar Jain trading as Veekay Electronics adopted the trademark "SWETON" for the purpose of using the same in respect of various types of speakers, parts and components thereof. The trademark was also used as a label in a composite manner consisting of the word "SWETON" in respect of the said goods and started using the same since 1982 without any interruption. b. Mr. Vinod Kumar Jain applied for the registration of the artistic getup of the label including the distinctive part of the mark "SWETON" as a mark on 26th August, 1996 in respect of speakers of all kinds, parts and components thereof, electrical and electronic goods, which was duly registered on 31st December, 2002 being trade mark no. 725349B in Class - 9 under the Trade Marks Act, 1999 having a retrospective effect from the date of application that is from 26th August, 1996.