KORES INDIA LTD Vs. MONA STATIONERY DUNDAHERA

JUDGEMENT

(1.) AFTER hearing counsel for the parties I do not find any infirmity in the interim order passed by the trial Court on application filed under order 39 Rules 1 and 2 read with section 151 of the C.P.C. The plaintiffs M/s Mona Stationery brought the suit under section 120 of the Trade & Merchandise Marks Act, 1958 read with section 60 of the Indian Copyright Act, 1957. The plaintiffs are manufacturers of carbon papers under trade mark "MONA" ? "MONA SUPERNAL" and "MONA-303". The application for registration of these trade marks is stated to be under process. The defendant M/s Kores (India) Limited is also manufacturer of carbon papers under the trade mark "KORES" "KORES SAPPHIRE" and "KORES CARBOPLANE-503". This firm issued notice and threats to the plaintiff of breach of their copyright and trade mark.

(2.) SOME other litigation is also pending between the parties. The defendant, present petitioner, has filed criminal complaint in the Court at Bombay on January 8, 1988 and another complaint on February 18, 1988 under Sections 78 and 79 of the Trade Marks Act. The defendant has also filed a suit in the Civil Court at Bombay (HIGH COURT) for infringement of their Trade mark and passing off the goods. The High Court of Bombay vide order dated March 30, 1990 declined the prayer of interim relief, while issuing notices.