- (1.) The Court : The plaintiff filed CS No. 25 of 2006 alleging that the defendants had been infringing its registered trade mark, and had also been using a deceptibly similar trade mark for passing off their goods as those of its. In the suit it took out this application for interlocutory orders. By order dated February 8th, 2006 the defendants were directed to go on submitting monthly statement of sale in sealed cover to the special officer, appointed thereby, which is still in force. The question for consideration is whether the plaintiff is entitled to get any interim restraining order.
(2.) Its case is this. It manufactures and sells motorcycles, cars, etc. Its gods are sold, inter alia, under a well-known trade mark 'City', and it has prominent presence in two-wheeler segment all over the world. The defendants are engaged in the business of manufacturing and selling motorbikes. They started selling a variant of their motorbikes under the trade mark "Star City". In September, 2005 it came across an advertisement of the defendants, and thereupon, it issued notices calling upon them to cease and desist from using the mark "City" on any of their motorbikes, but they gave no heed to the notices.
(3.) After hearing Counsel for the parties, I find that the first question that needs decision is whether the plaintiff is the proprietor of any registered trade mark. With the application itself it did not produce copy of any certificates of registration issued by the Registrar of Trade Marks. Copies were produced with its reply. From the copies of the several certificate it appears that the marks concerned were registered in favour of one Honda Siel Cars India Ltd. The defendants have questioned the plaintiffs right to institute the suit alleging infringement of the marks registered. To establish its right the plaintiff has produced (with its affidavit-in-reply) a copy of a deed of assignment dated October 3rd, 2002. Its case is that in terms of that agreement it acquired the right to use and protect the registered trade marks.;