Hindustan Pencils Limited vs G.T.V. Marketing
2005 Latest Caselaw 107 Del

Citation : 2005 Latest Caselaw 107 Del
Judgement Date : 24 January, 2005

Delhi High Court

Hindustan Pencils Limited vs G.T.V. Marketing on 24 January, 2005

Equivalent citations: 117 (2005) DLT 386

Author: P Nandrajog

Bench: P Nandrajog

JUDGMENT

Pradeep Nandrajog, J.

1. Mr. Manmohan Singh stated that he has instructions to press only reliefs A & B as prayed for.

2. Defendant was proceeded ex parte. Plaintiff has led evidence by way of affidavit.

3. Prayer made is to injunct the defendant or any person acting under it from selling mathematical instruments, pencils, erasers and other stationery goods using the trade mark NATRAJ/GTV'S NATRAJ or other device of NATRAJ or any mark deceptively similar to the said trade mark. By way of evidence led, plaintiff has established that it is the registered proprietor of the trade mark NATRAJ with device of NATRAJ in respect of goods falling in Class 16. Goods being pencils, Sharpners, fountain pens, erasers, clips, staples, stapling presses, adhesive materials, paint brushes, etc. registration was obtained as per documents proved on various dates commencing from 17.8.1979 onwards.

4. Evidence led would show that the plaintiff has effected sales which have risen from Rs. 77,000/- in the year 1962 to Rs. 57,45,65,000/- in the year 199596. Evidence further shows that the defendant is selling geometry boxes and mathematical instruments by using the trademark /name NATRAJ. The geometry box and packaging material also used the device of NATRAJ.

5. Defendant has chosen not to joint issues with the plaintiff. Evidence led by the plaintiff has gone unrebutted.

6. Suit succeeds. Defendants/ its agents, servants and all other persons acting on its behalf are restrained from manufacturing, selling, offering for sale and distributing mathematical instruments, pencils and erasers and other stationery goods under the trade mark NATRAJ/GTV'S NATRAJ and the device of NATRAJ or any other trade mark and device which is deceptively similar to the plaintiff's registered trake mark Nos. 225923, 260466, 283730, 400868 and 400869. Defendants, their servants and all other persons on their behalf are further restrained from using the offending mark NATRAJ/ GTV'S NATRAJ and device of NATRAJ in respect of mathematical instruments or any other trade mark which may be identical with or deceptively similar to the trade mark of the plaintiffs and/or from whatsoever so as to pass off their goods as those of the plaintiffs. /' j

No costs.