M/S Marc Enterprises Pvt. Ltd v. M/S Victor Industries Ac+

KAILASH GAMBHIR, J July 24, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) No. 1592/2006 M/s Marc Enterprises Pvt. Ltd. ..Plaintiff Through Mr.Pankaj Kumar, Mr. VikasKhera, Mr.Harshvardhan, Advocates - versus - M/s Victor Industries .....Defendants Through none CORAM:- HON'BLE MR JUSTICE KAILASH GAMBHIR 1. This is a suit for permanent injunction restraining infringement, rendition of accounts, damages and delivery up of all the impugned goods. The plaintiff is a Private Limited Company duly registered under the Companies Act, 1956, having its registered office in Delhi. The plaintiff Company is also engaged in the business of manufacturing Electrical accessories & fittings, Electrical equipment, Electrical Appliances, Electrical & Electronic Apparatus & Instruments, and Domestic Wares etc. It is the case of the plaintiff Company that the plaintiff company since 1981, bonafidely and in due course of trade and business adopted, coined, conceived and created the trademark "MARC". The plaintiff trade mark /label/ logo MARC is depicted in unique style, font and placing of alphabets. The art work involved therein is an original artistic works within the meaning of Indian Copyright Act, 1957 and plaintiff is the owner and proprietor thereof. The plaintiff is carrying on an extensive business/ trade under this trade mark/ logo/ label and the goods bearing the same have been practically distributed in major parts of the country. The plaintiff has been dealing with his said copyright in his said trademark /label/ logo inter aliaSection 14 of the copyright Act in respect of his said goods and business. The Plaintiff holds registration in respect of trademark "MARC", the table below gives the classification of the items bearing the said trademark and the respective category under which they have been registered under the Trademark Act, 1999: REGISTRATION NO CLASS/ GOODS STATUS REGISTRATION DATE 420735B 09/ insulated electric wires and cables, television, receiving sets, switches, fuses, cut out plugs, socket, push buttons, fuse bosses, connectors, electric press, volt records, tape records, cassettes, electronic instruments, chokes, electric transformers, electric bells and buzzers, stabilizer, electric starters, adopters, Registered 16.04.1984 voltage stabilizer, electric terminal, domestic electrical appliances, instruments, electric accessories and parts thereof, electrical coil holders, conduit pipes. 420736 11/ toasters, Hot plate for cooking, electric tandoors, electric pressure cookers, electric ovens, milk cookers, electric bulbs, holders, table cookers, electric bulbs, holders, table lamps, fans, refrigerators, room air conditioners, geysers, room heaters, electric hot acses, ventilators, room coolers, desert coolers, Heating elements, lighting fixtures and fittings, installations, fluorescent tubes. Registered 16.4.1984 420737B 07/ Washing machines, mixing and grinding machines for kitchen use, sewing machine, hair drying machine, water pumps, electric motors (not for land vehicles) all being goods included in class 7 Registered 16.4.1984 2. The Plaintiff further submits that the abovementioned registered trademark is renewed from time to time and it is stillsubsisting, legal and valid. It is further submitted that the plaintiff has been continuously promoting his said goods and business under his said trade mark through different means and modes including advertisements and publicity in leading newspapers, distribution of trade literature, trade hoarding and boards etc. The Plaintiff"s claims to have enjoyed a solid enduring and first class reputation in the markets and in support of the same the Plaintiff hadalso enumerated and furnished sales figures of their business for the last 10 years. Their Sales Figure as appearing at page 6 of the plaint right from 1981 upto 2004 indicate their business has flourished over the years and the sales have rapidly increased to Rs.14- Rs.15 crores. The plaintiff"s business turnover being Rs.14, 65, 02,583 in the year