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: