UNIVERSAL WOOLLEN MILLS-INDIA, GALI CHHAPA KHANA, SADDAR BAZAR, DELHI Vs. UNIVERSAL WOOLLEN MILLS, LUDHIANA

JUDGEMENT

(1.) UNIVERSAL Woollen Mills -India, Plaintiff filed a suit against the Universal Woollen Mills to restrain it from using the mark 'Universal' as mark 'Universal' was Plaintiff's trade mark. Alongwith the suit an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure was filed to restrain the Defendant from using the trade mark 'Universal' during the pendency of the suit. The trial Judge by order dated 19th March, 1986 after considering the relevant aspects of the matter dismissed the application. This is Plaintiff's appeal against the aforesaid order.

(2.) THE Plaintiff started business in the year 1965 and on 30th July, 1966 got 'Universal Knitting Wool' registered as their trade mark. On 30th November, 1973, they got 'Universal Knitting Yarn' also registered as a trade mark. The Defendant is alleged to have started its mills on 1.9.1982 and the Plaintiff is objecting to the use of the word 'Universal'.

(3.) IT is not the Plaintiff's case that from the bales etc. there can be any confusion as to who is the manufacturer of the same. The Plaintiff is selling knitting wool and knitting yarn with trade name 'Universal' whereas the Defendant manufactures the aforesaid item and on the product no label etc is attached, which may carry the word 'Universal' only the name of the mills carries the word 'Universal' Similar would be the position in the letter heads etc.