Decided on October 07,1983

Iobu Enterprises Pvt. Ltd Appellant
Toho Cycle Industries Respondents


Leila Seth, J. - (1.)By this application the plaintiff is seeking an interim injunction to restrain the defendant from using the trade mark 'Toho' or any other trade mark identical or deceptively similar to the plaintiff's registered trade mark 'Tohu', in relation to the plaintiff's registered trade mark 'Tobu', in relation to children's cycles (Bicycles and tricycles). It is also prayed in the said application that the mark 'Toho' should not be represented in such a manner as to amount to an obvious immitation of the artistic logo script belonging to the plaintiff and thereby infringing the copyright in respect thereof. A further prayer has been made to restrain the defendant from using the word Toho in its trading style, Toho Cycle Industries, as it is likely to result in the defendant's business and goods being passed off as the business and goods of the plaintiff.
(2.)The plaintiff is a manufacturer of children bicycles, tricyclss, cars, mini desks, high chairs and strollers. The said goods are sold under the invented trade mark, Tobu. The said trade mark Tobu is represented in a characteristic and artistic logo script. The mark Tobu is also an integral part of the plaintiff's corporate name Tobu Enterprises Pvt. Ltd. The plaintiff has been using this trade mark. Tobu, with the artistic logo script since 1971. The trade mark Tobu. with the special logo script, has been registered under the Trade and Merchandise Marks Act, 1958. The registration number is 318578.
(3.)According to the plaintiff, it has a well known reputation and has sold goods, including children's bicycles to the tune of Its. 15 crores, with said trade mark, during the last decade. Further, it has spent a large amount of money on publicity and trade promotion. The defendant has adopted an identical or deceptively similar trade mark Toho, in relation to children's cycles and has been manufacturing and selling the same without the permission or authorisation of the plaintiff The logo script adopted by the defendant for Toho is an obvious immitation of the plaintiffs artistic logo script. It is also using the trade mark Tohn as an integral part of its trading style being Toho Cycle Industries. That due to the phonetic structure and visual similarity between the trade mark Tobu and Toho the public is likely to be confused, the purport of the defendant being to earn illegal-profits by representing its business as that of the plaintiffs and taking advantage of the plaintiff's goodwill. As such the plaintiff is likely to sutler irreparable injury.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.