(1.) The Applicant/Plaintiff has filed the present Suit, inter alia, seeking to restrain the Defendants from infringing the Plaintiff's name and registered trade mark "Siyaram" by using the name or mark 'Siyaram', or any other deceptively similar name or mark, whether as part of the corporate or trading name of Defendant No. 1 or in relation to textile piece goods, ready-made garments, and other allied goods or services. The Plaintiff also seeks to restrain the Defendants from passing off the business and products of Defendant No. 1 as being those of the Plaintiff by the use of the name or mark "Siyaram" and/or any other deceptively similar name or mark, whether as part of the Defendants' corporate name or in relation to the goods of Defendant No. 1. The Plaintiff has additionally sought damages and other consequential relief.
(2.) The Plaintiff was incorporated as Siyaram Silk Mills Pvt. Ltd. on 29/6/1978 under the provisions of the Companies Act 1956 and was converted into a public limited company in the year 1980.
(3.) It is the Plaintiff's case that since the year 1977, that is, even prior to its incorporation, the promoters of the Plaintiff were engaged in the textile trade under the trade mark 'Siyaram' and that the Plaintiff and its promoters have, since then, openly, continuously, and extensively used the trade mark as well as the trading and corporate name 'Siyaram' in relation to textile goods, including suiting and shirting. The Plaintiff has since then secured the following registrations in respect of the trade mark 'Siyaram', the earliest of which dates back to the year 1984.