PIYUSH ADESARA Vs. SANTOSH KUMAR VERMA

JUDGEMENT

(1.) Heard learned counsel for the plaintiffs appellants and learned senior counsel for the defendant respondent.

(2.) The appellants are aggrieved by the impugned order dated 17.4.2017, passed by the learned Presiding Officer, Commercial Court, Jamshedpur, in Original Suit No.7 of 2016, whereby the application filed under Order XXXIX Section 151 of the CPC, C, by the plaintiffs appellants for temporary injunction, has been dismissed by the Trial Court below.

(3.) The suit for permanent injunction was filed by the plaintiffs in the Court below, bringing an action for passing off against the defendant, alleging that defendant was infringing the intellectual property right of the plaintiffs in using the trade mark "CHHAGANLAL" or "CHHAGANLAL DAYALJEE". According to the plaintiffs, they are in the business of buying, marketing, trading, retailing and selling of the jewelries and ornaments made of gold, silver, diamond, precious metals and crystal stones, in the town of Jamshedpur, from sometimes in the year 1918, which was established by their forefather Late Chhaganlal Dayaljee, under the trade name, "CHHAGANLAL DAYALJEE". In course of time, the business augmented and carried a tremendous goodwill and reputation in the market. Late Chhaganlal Dayaljee died in the year 1965 and thereafter the business was carried by his descendants, i.e., the plaintiffs and family members, under the name and style of "CHHAGANLAL DAYALJEE", and "CHHAGANLAL" was used as trade mark, and they also opened several branches. They also applied for, and obtained registration over the trade mark "CHHAGANLAL" or "CHHAGANLAL DAYALJEE" under the Trade Marks Act, and their turnover was exceeding Rs.55 crores in the year 2014-15.