MUKTA GUPTA, J. - (1.)The plaintiff Mtal Electronics through its partner have filed the present suit inter alia seeking a decree of injunction against the defendants, their directors, partners etc. from manufacturing, purchasing or selling the home appliances and other accessories under the trademark 'Star SUJATA' or 'SUJATA' or any other identical or deceptively similar mark or corporate name, domain name and email address as the same not only violated its statutory right by way of the registration of the trademark but also amounted to passing off the goods of the defendants as that of the plaintiff besides seeking cancellation of the domain name, declaring the plaintiff's trademark as a Well Known mark and delivery up, rendition of accounts, damages etc.
(2.)In the suit, the plaintiff impleaded 'SUJATA' Home Appliances (P) Ltd. with its addresses at Delhi, Bhatinda, Punjab as defendant No.1, Gorani Industries Ltd. at Indore, Madhya Pradesh as defendant No.2, Asija Electricals at Sirsa, Haryana as defendant No.3 and Radiant Industries at Chandigarh as defendant No.4. It was stated that defendant No.1 was the main contesting defendant whereas the defendant Nos.2 and 4 were the manufacturer of defendant No.1 and defendant No.3 was the dealer of the goods of defendant No.1 under the infringing trademark.
(3.)In the suit, the plaintiff stated that the predecessor of the plaintiff adopted the trademark 'SUJATA' in the year 1980 which business was gradually expanded to electrical goods and home appliances including Mixer, Grinder, Grater, Shredder, Chopper, Mincer, Kneader, Atta Chakki, Electric Spin Drier, Electric Waste Dispenser, Electric Flat Iron, Heating, Cooling Ventilating, Steam Generating and Cooling Appliances. It was claimed that from the year 1991 to 2018 the plaintiff is the owner of the registered trademark 'SUJATA' in various classes including class-7, 8, 9, 11 and 35. Besides the registrations already there, several applications of the plaintiff for the registration of the trademark 'SUJATA' in different classes are also pending. Plaintiff claims that it has huge sales under the trademark 'SUJATA' and was also spending substantial amount on advertising.