KMG INTERNATIONAL LTD Vs. K M G INDUSTRIAL TRADERS PVT LTD
HIGH COURT OF DELHI
KMG INTERNATIONAL LTD.
K.M.G. INDUSTRIAL TRADERS PVT. LTD.
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Pradeep Nandrajog, J. -
(1.) K.M.G. International Ltd. (hereinafter referred to as KMGI) and KMG Industrial Traders Private Ltd. (hereinafter referred to as KMGIT) are litigating with each other, KMGIT has scored an initial victory in as much as vide impugned order dated 6.10.2007 it has obtained an interim injunction till suit filed by it against KMGI is disposed of restraining KMGI from using the mark 'KMG' and the logo graphically to be seen on the letter neads, printed and packaging material of the 2 companies. The reasons given by the learned Trial Judge while granting the injunction are set out in paras 9, 10 and 13 of the impugned order. The same are as under:- A. KMGIT is the registered holder of the trade mark 'KMG' and the logo in question since 2003. B. KMGI holds no registration. C. Documents filed by KMGI show use of the mark and the logo for the first time only in the year 2005. D. Even case of KMGI was that it was assigned the right to use the mark and the logo by KMG Milkfood in the year 2005. E. KMGIT had a better case not only as the registered proprietor of the mark but even due to prior user. F. Though both companies were at one point of time part of KMG group, KMGI could not show a better title vis-a-vis KMGIT.
(2.) Case pleaded by KMGIT in the plaint may now be noted. It is pleaded that it was a company registered under the Companies Act and was carrying on business a manufacturer, importer and seller of electrical goods including CFL lamps. That vide registration No. 1174847 dated 13.2.2003 it obtained registration of the trade mark 'KMG' and the logo in question pertaining to goods in class 11 of the T.M. Act, 1999 and thus by virtue of Sections 28 and 29 of the said Act had the exclusive right to the trade mark and the logo. That KMGI had started marketing CFL bulbs using the trade mark and the logo of the plaintiff in May 2007. Thus infringing its trade mark.
(3.) In para 14 of the plaint a passing reference was made that till some time back KMGIT and KMGI were working as associates but parted company.;
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