KULDIP SINGH TRADING AS SAINI SPARES Vs. S K AUTO INDUSTRIES
HIGH COURT OF DELHI
KULDIP SINGH TRADING AS SAINI SPARES
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(1.)In the suit, challenging the infringement by the defendants, of the plaintiffs registered trade mark "SAINI" in relation to the manufacturing and marketting of hydraulic Brake Parts for motor land vehicles, all spare parts for motor land vehicles, oil seals and filters of all kinds, helmet, switches, lighting signals, electric starters, headlights, parts and fittings thereof, for motor land vehicles and the artistic carton/ label with the said trade mark, the plaintiff, by this IA seeks to restrain the defendants from manufacturing, selling, offering for sale or otherwise dealing in the clutch system containing clutch plates, cover assemblies and lever kit minor for use in the motor land vehicle under the impugned trade mark/carton/label entitled "SAINI" or any other identical with and/or deceptively similar trade mark/carton/label, pending the hearing and disposal of the suit.
(2.)The say of the plaintiff is that the plaintiff has been using his fanciful trade mark "SAINI" for the business of manufacturing and marketting of hydraulic brake Parts for motor land vehicles, all spare parts for motor land vehicles, oil seals and filters of all kinds, helmet, switches, lighting signals, electric starters, headlights, parts and fittings thereof, for motor land vehicles since 1964; that the plaintiffs trade mark "SAINI" has been registered with the Registrar of Trade Marks in Classes 12, 7, 9 and 11 of the Trade & Merchandise Marks Act, 1958 and that the said mark has been registered on 26.2.1990, 5.6.1990 and 12.6.1990 for all spare parts and fittings respectively; that the plaintiffs application for registration has been accepted for advertisement by the Registrar of Trade & Merchandise Marks and that the plaintiffs trade mark has been advertised in Trade Mark Journal at pages 312 and 412 on 1.6.1994 and 1.7.1994 respectively. It is alleged that defendants have been using the mark "SAINI" with carton, labels and get-up, lay-out and colour scheme, identical and/or deceptively similar to the registered trade mark "SAINI" of the plaintiff; that the adoption and use of th3e said trade mark and artistic work on the carton/label on the part of the defendants amounts to infringement of the plaintiffs aforesaid trade mark and reputed trade mark "SAINI" and the artistic work on the carton/label "SAINI", duly registered under the Copy Right Act, 1957. The manner, in which the defendants are using the said trade mark on its cartons/labels apparently indicates the intention of defendants to give impression that their goods are coming from the plaintiff or their goods are connected with plaintiff in some or the other manner and that the defendants are passing off their inferior and substandard goods as and for the quality goods as manufactured by the plaintiff.
(3.)As against this,, the say of the defendants is that the trade mark "SAINI" being a common name is not distinctive of the plaintiffs goods which they were not manufacturing; that the plaintiff can not claim exclusive right for the use of the word "Saini" in respect of all goods; that the plaintiff had thorough knowledge about the adoption and user of mark "SAINI" in the year 1990. The suit of plaintiff is bad for the reason of delay, latahes and acquiesance; that the colour scheme, get up, lay out and writing style and arrangement of words of the defendants' label are altogether different; that the plaintiffs trade mark has been registered for different goods; that the defendants have been manufacturing, selling clutch plates; that there is no question of infringing plaintiffs trade mark because the use by the defendants, of the mark "SAINI" is for different goods and the action of the defendants is not in violation of the rights of the plaintiff.
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