HUSSAIN MEAH SAHIB (DIED) Vs. AGABDUL RAHIM SAHIB

JUDGEMENT

(1.) Those appeals arise out of two "passing off" actions: a suit and a cross suit, between the same parties. It will be convenient to refer to Abdul Rahim Sahib, the plaintiff in the one and the defendant in the other, as the plaintiff, and Hussain Mean Sahib, the defendant in the former and the plaintiff in the latter, as the defendant.

(2.) Both plaintiff and defendant are beedi manufacturers and traders of Madras. Each of them appears to have alleged that the other came into that trade shortly before the dispute arose between them, but it was conceded at the hearing that they had both been in it for some considerable time. As between them the defendant was certainly the earlier in the field. In fact, the evidence is that it was he who introduced beedies in Madras about 40 years ago when he removed to it from somewhere near Bombay. He made and sold them loose at first and then in packets. His business, which must originally have been small, gradually grew and appears to have assumed quite a respectable magnitude in or even some time before 1920, and there is evidence to show that his income from it was assessed for taxation at Rs. 3,000 or Rs 4,000 in the years 1921 to 1924. The plaintiff, according to his own statement, began this business only about 25 years ago. He too was first selling bis beedies. loose and it was only later on he began to sell them in packets with wrappers on When he commenced to use wrappers, he first described his beedies as, "Siva Nesan beedies" and after some time he adopted another designation also, namely "Rahim beedies" (Rahim being his own name).

(3.) Then, about the end of 1922, he registered a trade-mark with the Madras Chamber of Commerce with the designation of "Sait Beedies" and subsequently began to sell some of his beedies under that label. He alleges in the plaint that-he has bean doing a large business in, them and earned a "wide popularity and reputation," and the said designation of "Sait Beedies" has become identified with and come to denote his manufacture in the minds of the beedi-purchasing public His case is that shortly before the suit. the defendant started selling the beedies. manufactured by him with the description of "Sait Beedies or "Sait Jadi Beedies" (the word "Jadi" simply denoting that the ends are folded) on their wrappers and this is a bare-faced attempt on his part to cut into the trade of the plaintiff and fraudulently pass off beetles manufactured by him as plaintiff's beedies.