SHREE MADAN ENGINEERING WORKS Vs. MADAN ENGINEERING WORKS

JUDGEMENT

(1.) This appeal is filed against order dtd. 29/9/2022 passed by Commercial Court, Ajmer granting interim injunction in favour of respondent-plaintiff.

(2.) The brief facts are that appellant is a proprietorship concern of Vivek Jangir s/o Raj Kumar, the grandson of Madanlal Jangir. The respondent is a proprietorship concern of Sajjan Kumar Jangir s/o Madanlal Jangir. M/s Madan Engineering works since 1971 is engaged in manufacturing of agricultural equipments and the trademark with logo of 'MEW' was registered on 12/8/2016 bearing registration No.2632425. After death of Madan Lal Jangir (hereinafter referred to as deceased), his widow Smt. Mangi Devi Jangir became the proprietor. Vide registered gift deed dtd. 4/9/2020, Smt. Mangi Devi and Rajkumar (father of the appellant) gifted to respondent the business of M/s. Madan Engineering Works along with assets. The suit was filed by the respondent seeking permanent injunction pleading infringement and unfair trade practice of using trademark of the respondent. An application filed under Order 39 Rule 1 and 2 CPC was allowed by the impugned order restraining the appellant from use of trademark of M/s Madan Engineering Work by using the name M/s Shree Madan Engineering Works. Hence, the present appeal.

(3.) Learned counsel for the appellant argues that dispute between two brothers is a family dispute and the Commercial Court has no jurisdiction. The contention is that petition for cancellation of the trademark of the respondent is pending before this Court. Reliance is placed upon Ss. 14 and 18 of the Trademarks Act, 1999 (hereinafter referred to as "Act of 1999") to submit that transfer of trademark was in violation of provisions. The submission is that trademark was registered for 'MEW' and not for Madan Engineering Works and this fact was not considered while passing the impugned order.