NIKKA MAL JEWELLERS Vs. ASHOK JAIN

JUDGEMENT

(1.) The appellants filed his suit for permanent injunction for restraining the respondents from infringing the registered trade mark of the appellants and in that they sought temporary injunction. However, their application under Order 39 Rules 1 and 2 of the Code of Civil Procedure was dismissed. Hence this appeal.

(2.) The case of the appellants was that they were registered as 'NIKKAMAL' with logo 'NM' under the Trade Marks Act (Act for short) and the respondent started the business under the name and style 'NIKKA MAL PYARE LAL JEWELLERS', which was affecting the business of the appellants. The respondents came in the field and soon thereafter notice dated 18.5.2011 was issued by the appellants but the respondents did not refrain from using the similar and deceptive name and trade mark, which included the name of NIKKAMAL for which reason the public thought that both the businesses belong to the same firm.

(3.) Learned counsel for the appellants argued that as per the agreement of dissolution of partnership which was made on 31.7.1958, the name and goodwill of the jewellery business style as M/s Jamna Dass Nikka Mal along with all assets, properties and liabilities was to be retained by the appellants and likewise the assets, properties and liabilities in the name or goodwill of the business style as M/s Nikka Mal Pyare Lal Jain for textiles was to be retained by the respondents at the relevant time. Ved Parkash Jain was one of the partners who was predecessor of the respondents while Hira Lal, Sukhdev Rai and Satya Pal were on the other side and Hira Lal was ascendant of the appellants. It was agreed vide the said dissolution deed that M/s Jamna Dass Nikka Mal would be in the jewellery business and the other party would be in the textile line. It was contended that for running the business of jewellery, the word 'NIKKAMAL' could not have been used by the respondents as it shadowed goodwill of the appellants who were Nikka Mal Jewellers and had business running into hundreds of crores.