BHARAT ENTERPRISES Vs. C LALL GOPI INDUSTRIAL ENTERPRISES

JUDGEMENT

(1.) The present appeal has been filed by M/s. Bharat Enterprises (India), hereinafter described as "the appellants" directed against the interim order passed by the learned Additional District Judge, Sonepat, dated 25-1-1999. By virtue of the impugned order, the learned trial Court had allowed the application of the respondent-plaintiffs (M/s. C. Lall Gopi Industrial Enterprises and Miss Reema Gupta). The appellants were restrained from using the trade mark "HEAT PILLAR" for selling their room heater with the same design, shape, mark etc. The respondents were directed to file a bond within a week in the sum of Rs. 1 lack to the satisfaction of the trial Court and in the event of failing the respondents were to compensate the appellants for the loss ensued due to the order of injunction.

(2.) Some of the relevant facts can conveniently be delineated.

(3.) The case of the respondents is that the firm M/s. C. Lall Gopi Industrial Enterprises was established in the year 1993. It is manufacturing Heat Pillars under the name and style of their trade mark "HEAT PILLAR". The respondents had designed it and started manufacturing the same. It soon acquired great reputation in the country and even abroad. An application even was filed with the Registrar of Trade Marks in August, 1994. Under the trade mark "HEAT PILLAR" as a room heater it is well known to be the product of the respondents. Originally, the sister concern of the respondent M/s. C. Lall Electrical and Mechanical had applied for registration of trade mark "PILLAR". Later on, all the rights and interest were transferred to respondent No. 1.