CANON KABUSHIKI KAISHA Vs. CANON ELECTRONICS PVT LTD

JUDGEMENT

(1.) This appeal arises out of an order passed by the learned Single Judge disposing of an application in a suit filed by the appellant herein whereby the appellant plaintiff prayed for permanent injunction restraining the defendant No. 1 by itself or through its servants or agents including the defendant No. 2 from infringing in any way; the plaintiff's trade mark 'CANON' bearing the Registration No. 164191; a permanent injunction restraining the defendant No. 1 whether acting by itself or its servants or agents or any of them including the defendant No. 2 from passing off or causing, enabling or assisting others to pass off television sets under the name, brand or mark 'CANON' or any colourable imitation thereof; a permanent injunction restraining the defendant No. 1 from using in any way whatsoever the name 'CANON' as part of its trade or corporate name; permanent injunction restraining the defendant No. 1 from allowing any name containing and/or incorporating the word 'CANON' to remain as the name of the defendant No. 1 either on the register of the records of the Registrar of Companies; delivery up for destruction of all blocks, dyes and other printing materials of any kind whatsoever and all the advertising material and/or matter relating to the said mark, brand or name 'CANON' either by itself or as a part of the defendant No. 1's trade and/or corporate name; costs.

(2.) After filing of the suit a Notice of Motion was taken out for- (a) Injunction restraining the respondent No. 1 from advertising, selling or offering for sale or selling television sets of the manufacture of the defendant No. 1 under or by the name of trade mark 'CANON' whether including or not the distinctive nature of the letters or characters thereof as in the plaintiff's trade mark 'CANON' or any colourable imitation thereof or at all; (b) Injunction restraining the defendant No. 2 from selling any television set of the manufacture of the defendant No. 1 under or by the name or trade mark 'CANON' whether including or not the distinctive nature of the letters or characters thereof as in the plaintiff's trade mark 'CANON' or any colourable imitation thereof or at all; (c) Such person or persons be appointed as Receiver or Receivers as to this Hon'ble Court may seem fit and proper of and over all advertising materials, advertisements, promotional matters and materials of and in respect of all television sets of the manufacture of the defendant No. 1 under the name 'CANON' and all televisions sets of the defendant No. 1 under the name 'CANON' wherever situate with the direction upon the said Receiver or Receivers to forthwith take possession of and keep the same safe and secure; (d) Ad-interim order in terms of prayers (a), (b) and (c) above; (e) Costs of and incidental to this application be cost in the cause; (f) Such further or other order or orders be made and/or directions given as this Hon'ble Court may seem fit and proper.

(3.) An ex parte order was passed on 9th May, 1984 which is as follows:-