Pritam Pal, J. - (1.) This appeal has arisen out of a suit, alleging Passing off of trade mark, instituted by the Plaintiffs -Respondents M/s. D.L.F. Universal Co. Limited, Faridabad, against the Appellants M/s. Gurshant Engineering Company Private Limited, Faridabad, to restrain the latter from using the name of 'COOL ROOM' on their products so as to pass off their goods as those of the Plaintiffs.
(2.) The Plaintiff -Company has been manufacturing fans, cooler fans cooler Pumps and fractional horse -power motors since 1983 To start with they were using the trade mark 'AUE' but in 1965 they changed it to 'COOL HOME'. Initially the format of the trade mark was an artistic design as shown in mark A, but the format was changed to a wavy Pattern in 1971 as shown in mark 'B'. It is alleged that the Plaintiff -Company acquired reputation and goodwill in respect of this trade mark by its long user. The Defendant -Company is said to have started manufacturing similar products in 1978 under the trade name 'COOL ROOM' which was deceptively similar to the Plaintiffs' trade mark. It is alleged that the Defendant -Company deliberately copied the Plaintiffs' format in respect of their trade name so as to deceive the buyers into believing that they were purchasing the Plaintiffs' products. The suit was contested by the Defendant -Company denying the Plaintiffs' allegations. The learned trial Court, on appraisal of evidence produced by the parties, held that the Plaintiff -Company was prior user of the trade mark 'COOL HOME' and that the Defendants' trade mark 'COOL ROOM' is deceptively similar in all its material particulars to that of the Plaintiffs' trade mark from which the buyers of the Defendants' products could be easily led to believe that they were the Plaintiffs' products. On arriving at this conclusion the learned trial Court granted the following reliefs to the Plaintiff -Company against the Defendants: (a) The Defendants, their servants, agents stockiest dealers and other persons on their behalf were restrained from infringing and passing off of the rights accruing to the Plaintiffs from their trade -mark 'COOL HOME' (b) The Defendants, their servants, agents, stockists, dealer and all other persons on their behalf were restrained from using the trade -mark 'COOL ROOM' in respect of products manufactured and sold by or any other trade mark which is identical with and or deceptively similar to that of the Plaintiffs' trade mark mentioned above. (c) The Defendants themselves, their servants agents, stockists, dealers and all other persons on their behalf were restrained from dealing with or passing off their products under the trade -mark 'COOL ROOM' as the goods and business of the Plaintiffs; (d) The Defendants, their servants, agents, stockiest, dealers and all other persons on their behalf were restrained from infringing the rights of the Plaintiffs accruing from their copyright registration No. a -2777/67 and a -33676/81; (e) The Defendants were directed to deliver to the Plaintiffs all the offending labels, blocks, dies, printed and advertising material, stationary and all other articles bearing the mark 'COOL ROOM' objected to for the purposes of destruction; (f) a preliminary decree was passed directing the rendition of accounts by the Defendants into the profits made by them by violating the Plaintiffs trade -mark and the copy -rights.
(3.) Dissatisfied with the judgment and decree of the trial Court the Defendant -Company filed the instant appeal. The appeal was initially heard by a learned Single Judge of this Court who referred it to a larger Bench for adjudication. It is in these circumstances that we are now seized of the appeal.;