Pinaki Chandra Ghose, J. - (1.) This appeal is directed against an order and/or judgment passed by the Hon'ble First Court on April 24, 2008 when the Hon'ble First Court was pleased to dismiss the application filed by the Appellants praying for injunction against the Respondents from using the Convex shaped switches in respect of their registered Trademark "PRITAM".
(2.) The Appellants filed a suit before this Hon'ble Court against the Defendant Respondents alleging infringement of their Trademark "PRITAM" and also infringement of the registered design of switches manufactured by the Appellants and sold under the marks "WINNER" and "PRITAM".
(3.) The case made out by the Appellants that the Appellant Nos. 1 and 2 are the cousins. The Appellant No. 2 is the proprietor of J.K. Electrical Industries. The Appellants are manufacturing and marketing electrical switches and other related goods. In 1986, Jayanti Kumar Jain (Appellant No. 1) adopted the Trademark "PRITAM" in respect of electrical switches manufactured and sold by him. According to him, the Mark "PRITAM" and the letter "P" are written in a stylized manner and distinctive of his business and goods. On July 4,1989 the Plaintiff/Appellant No. 1 made an application before the authority for registration of the Trademark "PPRITAM" which was duly registered on November 15, 1996. On February 16, 2001 J.K. Electrical Industries applied for registration of the design No. 184691 in respect of the switches manufactured and marketed by him and got the same registered.;