MANOJ PLASTIC INDIA Vs. BHOLA PLASTIC INDUSTRIES
HIGH COURT OF DELHI
MANOJ PLASTIC INDIA
BHOLA PLASTIC INDUSTRIES
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SULTAN SINGH -
(1.)This is an application under O. 39, Rr. 1 and 2 read with S. 151 of the Civil P. C. for restraining the defendants from manufacturing, selling or otherwise dealing in the mirrors under the trade mark 'TONY' and/or any other identical or deceptively similar trade mark and also dealing in mirrors with shelf of the artistic and destinctive design and arrangement as that of the plaintiffs in a suit for perpetual injunction restrainng, passing off and rendition of accounts.
(2.)Briefly the facts are that Manoj Plastic India, Plaintiff is a partnership concern registered under the Indian Partnership Act. The plaintiff firm has been carrying on business of manufacturing and marketing mirrors for household use since 1976. They introduced into the market mirrors with shelf with artistic and distinctive design. The shape configuration and the features of the said mirror is as follows :
"The mirror is in a rectangular shape and is fixed in a plastic frame. It has on the plastic frame two holes on the upper edge which are meant to hang the same or fix it anywhere on any wall. On the lower edge of the plastic frame, a flexible plastic shelf appears. This shelf itself is very artistic and distinctive. The shelf has on its base two flowers in the round shape and the same may be used for putting soaps, pastes and brushes etc."
(3.)The plaintiffs introduced the said mirror into the market under the trade mark TONY on 8th August. 1981 and since then it has been continuously and extensively used by them. The mirror has been manufactured by M/s. Tony Plastics (India), a firm associated with the plaintiff firm, only for the Plaintiffs who are marketing the said products in their name. The plaintiffs have given wide publicity to the trade mark TONY. The sales of the mirrors under the said trade mark TONY for one year are alleged to be Rs. 1,50,000.00. The plaintiffs allege that on account of the superior quality of the glass of mirror and due to the artistic, distintive, eye catching design, get-up, arrangement and flexibility, multipurpose capacity and due to the continuous and extensive use of the trade mark TONY since 8th August, 1981 the plaintiffs' trade mark and the mirror with shelf have acquired unique reputation and goodwill in public and trade, and the goods under the trade mark TONY are exclusively associated with the plaintiffs by the purchasing public.
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