[ad_1]
(1) Vide this common judgment, this Court will dispose off two
cases viz. suit bearing TM No. 992/2016 filed by plaintiff Anil Kumar Gera
(initially Pritam Dass trading as Alka Food Industries) seeking perpetual
injunction restraining infringement of copyright, trade mark, passing off,
rendition of accounts etc. against the defendant and the Counter Claim
bearing TM No. 924/2016 filed by the defendant M/s. Anil Food Industries
seeking permanent injunction for restraining infringement of trade mark,
passing off and rendition of accounts etc. against the plaintiff/ non-counter
claimant.
(2) Succinctly put, the case of the plaintiff, as per the plaint, is that
the suit was instituted by Sh. Pritam Dass, in the capacity of Proprietor of
firm M/s. Alka Food Industries (after the death of Sh. Pritam Dass, his legal
heir Anil Kumar Gera has been duly substituted in his place being his legal
representative). It is averred in the plaint that the business of
manufacturing and marketing confectionary was started by the plaintiff in
the year 1977 and since then the plaintiff firm is engaged in the business of
manufacturing and marketing confectionary. The plaintiff has been selling
confectionary under various trade marks and is the lawful proprietor of
trade marks viz. ALKA, ZIKKY MIKKY, LAL ZEERA, BIBO, FRESHO,
NAWABI ZEERA, CHATAR MATAR, ANIL, SONI MONI,
TM 992/2016 & TM 924/2016 PageDigitally
No. signed
2 ofby106
NEHA
NEHA PALIWAL PALIWAL SHARMA
SHARMA Date: 2025.04.09 17:11:55
+0530
CHATMOLA, MANGO FUN, GINI MINI, TINI MINI/ TINY MINY,
ALKAS etc.
(3) It is further averred that the plaintiff was using trade mark TINI
MINI/ TINY MINY qua confectionary continuously and extensively since
1977 throughout the country. The plaintiff is also the true owner and
lawful proprietor of trade mark CHATMOLA qua confectionary. The said
trade mark was honestly and bonafidely adopted by the plaintiff in the year
1990 after making necessary inspection in the records of the Trade Marks
Registry and on being satisfied that there was no such trade mark registered
or pending registration. Further, no such or similar trade mark was in use
or existence in respect of the said goods when the plaintiff adopted the
same. He also filed an application bearing no. 539636 for registration of
trade mark CHATMOLA in his name on 08.11.1990 claiming use of the
mark since 01.11.1990 before the Trade Marks Registry. The plaintiff had
used the said trade mark CHATMOLA continuously, extensively and
regularly since 01.11.1990 to the knowledge of all concerned with the trade
including the defendant herein.
[ad_2]
Source link