Electro Appliances And Ors. vs Classic Creations And Ors.
1998 Latest Caselaw 880 Del

JUDGMENT

Ramamoorthy, J.

1. The first plaintiff in this suit is also the first plaintiff in S.No. 2622/95. The second plaintiff in this suit is not a party in S.No. 2622/95. The third plaintiff is the third plaintiff in S.No. 2622/95. The plaintiffs have filed this suit for injunction on the ground of infringement and passing off. The plaintiffs have referred to the registration of trade mark 'CRYSTAL' in the following manner:-

"a) No. 415740 dated 7.1.84 for trade mark CRYSTAL (Label) in class 8 in respect of spoons, forks, kitchen knives and other table cutlery of all kinds claiming to have used the mark since October, 1982.

b) No. 415741 dated 7.1.1984 for trade mark CRYSTAL (label) in class 9 in respect of Electronic gas lighters claiming to have used the mark since October 1980.

e) No. 415742 dated 7.1.1984 for trade mark CRYSTAL (label) in class 11 in respect of gas lighters and electric heaters claiming to have used the mark since October 1979."

2. Relating to the passing off, it is stated in paragraph 12 of the plaint:

"That by the defendants use of the said trade mark CRYSTAL in the same manner and for the same goods as that of the plaintiffs, an impression has been created in the minds of the consumers that the defendant is a branch of the plaintiffs or the defendants business is the business of the plaintiffs or that the defendants are in some way associated with the plaintiffs which, in fact, is not true. The defendants sole intention is to deceive and/or mislead the buyers, traders and the general public to cause them to believe that the goods bearing the trade mark CRYSTAL are that of the plaintiffs manufacture. That the defendants have fraudulently with the intention to deceive the trade and the members of the public copied the plaintiffs registered trade mark."

3. On these averments, the plaintiffs have prayed for injunction. Ad interim injunction was granted by this Court on the 28th of May, 1994 in IA.4772/94. The defendant have opposed the application for injunction.

4. On the facts and circumstances of the case, I am of the view, that the plaintiff have made out a prima facie strong case for the grant of injunction and the defendants have not been able to establish their prima facie right to use the trade mark 'CRYSTAL'. Therefore, interim order passed by this Court on the 28th of May, 1994 is made absolute. Accordingly IA.4772/94 is allowed.