JAGARNATH & CO Vs. CRESSWELL

JUDGEMENT

(1.) This suit was brought by a Marwari firm of jute balers of the name of Jagarnath & Co. against the several members of two other firms of jute balers, viz., Moran & Co. and Hawarth & Co., asking for damages from the defendants on account of breaches of their covenants in respect of certain jute trade-marks of which the plaintiff firm are the owners, and Moran & Co. and Hawarth & Co. are the licensees and sub-licensees respectively, and for payment of royalty in respect of the trade-marks for the season 1912-13.

(2.) The defendants Cresswell, Smyth and Watson are members of the firm of Moran & Co., while the defendants Hannah and Smallwood are members of the firm of Hawarth & Co.

(3.) The plaintiff firm purchased seven trade-marks, of which four are in suit, from one Gokhul Chand Khettau, on 3rd April, 1908. The marks originally belonged to one S.C. Chatterjee, who carried on a jute-baling business. On his death the marks were assigned by his widow, as executrix of his will, and his heirs, as beneficiaries under the will, on 24th September, 1904, to Messrs. Landale and Morgan, with the good-will of the business for a sum of Rs. 75,000. The latter thereafter, on 26th September, 1904, assigned the trade-marks with the good-will of the business to Harsook Das Dooli Chand for a sum of Rs. 85,000. On 8th May, 1907, Dooli Chand transferred the trade marks with the good-will of the business to Gokhul Chand Khettau, for a consideration of Rs. 3,50,000, and he in his turn assigned the trademarks with the good-will of the business to the plaintiff firm in lieu of Rs. 1,90,000, on 3rd April, 1908.