KERALA JEWELLERS MADRAS Vs. KERALA JEWELLERS TRICHY

JUDGEMENT

(1.) APPLICANT/plaintiff filed three petitions under Order XIV Rule 8 of Original Side Rules read with Order XXXIX Rules 1 and 2 and Section 151 of Code of Civil Procedure to pass an order of ad-interim injunction restraining the respondent/defendant from using the offending trade mark 'Kerala Jewellers' or any other mark, label or device which is identical with or in any manner similar or deceptively similar to or a colourable imitation of the applicant's trade mark either as a trade mark or trading style in any of its manufacturing activities, price list, etc., and also passing off goods as those of the applicant's by using the offending trade mark 'Kerala Jewellers' and also restraining from infringing the applicant's copyright and artistic work in any manner by reproducing the mark 'Kerala Jewellers' or any other label or artistic work which is similar to that of the applicant.

(2.) THE facts in brief for the disposal of these applications are as follows :- THE applicant/plaintiff is an established organisation in the business of jewellery, precious stones and silverwares for several decades. THE applicant had honestly conceived and adopted the trade mark 'Kerala Jewellers' for all its products. THE applicant company had also applied for registration in the office of the Registrar of Trade Mark at Chennai, in Class 14 and the application is pending. For the last 35 years, the said mark has become highly distinctive and has acquired extreme popularity on account of its extensive use all over India and also on account of superior quality of products offered at reasonable prices. THE applicant has acquired exclusive monopolistic rights over the said mark under the common law by virtue of being the long factual user of the said mark. THE applicant company had also acquired common law rights to the copyright of the artistic representation through stylished letters and its artistic depiction. THE trade mark has become very popular and the sales turnover has increased over the years to several crores of rupees. THE applicant has also been spending considerable time, labour and money to promote its products under the said trade mark and has earned a high degree of reputation and goodwill.

(3.) THE applicant/plaintiff filed three applications to restrain the respondent from infringing upon the applicant's trade mark, copyright and from passing off its products relating to Kerala Jewellers. Learned counsel for the applicant stated that for over 31/2 decades, the mark has become highly distinctive and acquired extreme popularity and by virtue of long user of the said mark, they are entitled to get the relief pending disposal of the suit. THE respondent has practically adopted an identical or at any rate a deceptively similar trade mark 'Kerala Jewellers' for the same type of business activity in Trichy since 1.2.98 and for which, a notice was sent on 5.3.1998. THE respondent also sent a reply on 27.3.1998; but, however, the respondent has not shown any inclination to refrain from passing off the goods as those of the applicant.