LAKHAN CHANDRA BASAK Vs. EMPEROR

JUDGEMENT

(1.) Lakhan Chandra Bysack and Benode Behari Bysack were on the 18 September last found guilty by an Honorary Presidency Magistrate of offences under Secs.482 and 483 of the Indian Penal Code and sentenced, each of them to pay a fine of Rs. 50 in respect of the offence under the first section and to pay a fine of Rs. 75 in respect of the offence under the second section. The accused Benode was also convicted of an offence under Section 486 and sentenced to pay a fine of Rs. 50; Lakhan was acquitted of the offence with which he was charged under Section 486.

(2.) The Rule was granted on the 27 September, at the instance of the accused on the 16 grounds I set out in the petition and on the 11 October, the Rule was directed to be served upon the complainant. The complainant and his brother carry on business in Calcutta as dealers in umbrellas and umbrella covers; their firm is known as Tinkori Dulal Chand Basak. The accused were charged with having used a false trademark on umbre]la covers, with having counterfeited, the complainant's trademark and with having sold umbrella covers bearing counterfeit marks.

(3.) The complainant's mark is an elephant in a circle looking to the left with a mahout on his back bearing an umbrella. Inside the circle appear the words Registered No. Trade Mark, Waterproof No. 1. Outside the circle at the top in a scroll is the name of the complainant's firm in Bengalee and outside the circle at the foot in a scroll is the address of the complainant's firm.