Sunanda Bhandare - (1.) This application under Order 39, Rules I and 2 of the Code of Civil Procedure has been filed by the plaintiff praying that the defendants be restrained by an order of injunction from using the trade mark SEARS. The brief facts are as follows :
(2.) The plaintiff is an American Corporation with its head quarters in Chicago, Illinois. It also operates large number of retail stores in Canada, Mexico and South American countries. In its retail stores the plaintiff affects sales of goods which cater to human need which also includes televisions. The plaintiff has also its offices in Hong Kong, Korea, Singapore, Japan and Taiwan in the East and in England and Germany in Europe and in Australia. The plaintiff claims to have engaged over 3,00,000 employees and claims that it has customer base of 40 million households. According to the plaintiff apart from the sale in the retail stores, the plaintiff also affects sales by orders for which purpose it distributes and sells catalogues. The plaintiff also claims to advertise in media which advertises its stores and products in several countries including India. According to the plaintiff eleven 1984 Sears Christmas catalogues and eight Sears Fall/Winter catalogues were sent to India. The case of the plaintiff is that the plaintiff is popularly known as SEARS and is well known to large sections of the Indian population especially to the more affluent class who for business, education or pleasure travel abroad.
(3.) On 14th May 1985 an advertisement appeared in the Economic Times. Among other things the following was also announced : "SEARS joins hands with ELCOT to bring to consumers the results of the state-of-the-art technology in entertainment electronics".;