- (1.) Plaintiff has filed this suit for permanent injunction restraining infringement of copyright, unfair competition, passing off, trade dress infringement and damages/rendition of accounts of profits, against the defendants.
(2.) Mr. Pamaljeet Singh is sole proprietor of M/s Friends Overseas (plaintiff). In fact, sole proprietorship firm has no separate legal entity and is a creation of its sole proprietor, thus, any reference made to sole proprietorship firm shall mean and include sole proprietor and vice versa. It appears that initially defendant no. 1-company was formed by one Mr. Amrik Singh, who is brother of Mr. Pamaljeet Singh, for marketing the products manufactured by the plaintiff under the trade name "SWADI", in United Kingdom. Earlier defendant no. 1 was known as M/s Golden Trading Company, United Kingdom. Plaintiff had been manufacturing and exporting the goods under the mark "SWADI" to defendant no. 1 in United Kingdom. Some disputes arose between the brothers which led to stoppage of import by defendant No.1 from the plaintiff. Later on, defendant no. 2 has been established by Mr. Kuldeep Singh, another brother of the plaintiff. Now defendant no.2 is manufacturing the same products under the mark "SWADI" and exporting to the defendant no.1.
(3.) Mr. Ajay Narang is sole proprietor of defendant no. 3-M/s Frontline Pack World. Earlier, M/s Friends Overseas was a partnership firm in which Mr. Ajay Narang, proprietor of defendant no. 3, was one of the partner. Partnership firm was dissolved vide Deed of Dissolution dated 4 th March, 2008. Thereafter, defendant no. 3 started sole proprietorship firm and is now supplying packaging material to defendant no.2.;