G M MODULAR PVT LTD Vs. TM MARKETING INDIA

JUDGEMENT

(1.) In this application, the plaintiff seeks an interim injunction restraining the defendants, etc. from using, manufacturing, selling, offering for sale, advertising or displaying directly or indirectly or dealing in any other manner or mode in electronic goods, accessories, appliances, electronic components and goods of same/similar/allied/cognate description thereto under the impugned "TM" trademark/label as per Annexure D-A-I or any other trademark/label identical with or deceptively similar thereto or bearing the word/mark "TM" either by itself or in an artistic manner and the impugned trade dress (Annexure-D-B-I) or any other identical or deceptively similar trade dress which would amount to or result in passing off and violation of the plaintiff's "GM" trademark/label being (Annexure-A) or passing off and violation of the plaintiff's trade dress/cartons being (Annexure-B). The application also seeks injunction against infringement, passing off and violation of the plaintiff's copyrights in the said mark/label/trade dress.

(2.) Before dealing with the arguments advanced by the counsel for the parties, it would be appropriate to set out the nature of the controversy and it cannot be better demonstrated than by visually depicting the same. The trademark/label of the plaintiff as given in Annexure-A is as under:-

(3.) The plaintiff has filed the suit for passing off of the trademark as well as for infringement of its copyrights. The plaintiff claims to be the proprietor of the trademark "GM" and its artistic label in relation to electrical goods, including electrical switches, etc. as per Annexure-A and B depicted above. According to the learned counsel for the plaintiff, the plaintiff's company was incorporated on 25.06.1999 and the mark "GM" forms a material part of the plaintiff's trademark, the plaintiff company's name being "GM Modular Private Ltd." It is stated that the plaintiff adopted the trademark "GM" and its label in the year 1999 and claims continuous user thereafter. In the plaint, the plaintiff has mentioned that it had applied for registration of the trademark. During the pendency of the suit, the trademark has been registered. It is stated that the plaintiff is now the registered proprietor of the trademark "GM" in relation to electrical goods, including electrical switches in Class 09. A copy of the trademark registration certificate which was granted during the pendency of the suit has been filed alongwith the list of documents dated 13.01.2005. The said certificate indicates the details of the registration as under:- "Trade Mark : GM Label Trade Mark Number: 934452 in Class 09 Date of Registration : 26.6.2000"