w w w . L a w y e r S e r v i c e s . i n



M/s. Sumeet Research & Holdings Pvt. Ltd. & Another v/s M/s. Sipra Appliances


Company & Directors' Information:- A V S R HOLDINGS PRIVATE LIMITED [Active] CIN = U67120TG2005PTC045117

Company & Directors' Information:- B S APPLIANCES LIMITED [Active] CIN = L29302KA1989PLC009887

Company & Directors' Information:- S R HOLDINGS LIMITED [Active] CIN = U65993TN1988PLC083659

Company & Directors' Information:- S R HOLDINGS PRIVATE LIMITED [Active] CIN = U65993TN1988PTC083659

Company & Directors' Information:- A B HOLDINGS PRIVATE LIMITED [Active] CIN = U70102KA2006PTC040894

Company & Directors' Information:- S K A HOLDINGS LIMITED [Active] CIN = U65993DL1981PLC012592

Company & Directors' Information:- S K A HOLDINGS LIMITED [Active] CIN = L65993DL1981PLC012592

Company & Directors' Information:- G J HOLDINGS PRIVATE LIMITED [Active] CIN = U51100DL2004PTC126687

Company & Directors' Information:- G J HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL2004PTC126687

Company & Directors' Information:- P P HOLDINGS LTD [Active] CIN = U65993PN1981PLC025916

Company & Directors' Information:- G S D HOLDINGS PVT LTD [Strike Off] CIN = U70109WB1990PTC048518

Company & Directors' Information:- S T HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1979PTC021588

Company & Directors' Information:- M C HOLDINGS PRIVATE LIMITED [Active] CIN = U67190DL2009PTC190957

Company & Directors' Information:- J S K HOLDINGS PVT LTD [Active] CIN = U67120WB1994PTC065660

Company & Directors' Information:- P R HOLDINGS LIMITED [Active] CIN = L27310AS1983PLC007154

Company & Directors' Information:- P R HOLDINGS LIMITED [Active] CIN = L27310DL1983PLC314402

Company & Directors' Information:- G R A HOLDINGS PVT LTD [Active] CIN = U70101WB1992PTC055865

Company & Directors' Information:- B S S HOLDINGS PVT LTD [Active] CIN = U67120WB1992PTC056874

Company & Directors' Information:- H M HOLDINGS PRIVATE LIMITED [Active] CIN = U65993ML2005PTC007956

Company & Directors' Information:- S M H HOLDINGS PRIVATE LIMITED [Active] CIN = U65993TG2006PTC049309

Company & Directors' Information:- M M HOLDINGS PVT LTD [Active] CIN = U70109WB1993PTC058147

Company & Directors' Information:- D J APPLIANCES PRIVATE LIMITED [Active] CIN = U74900MH2008PTC183082

Company & Directors' Information:- D J HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1992PTC067448

Company & Directors' Information:- R S M P HOLDINGS PRIVATE LIMITED [Active] CIN = U67190MH1995PTC088443

Company & Directors' Information:- V A G HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057817

Company & Directors' Information:- K E HOLDINGS PRIVATE LIMITED [Active] CIN = U70101TN2013PTC089953

Company & Directors' Information:- SUMEET RESEARCH AND HOLDINGS PRIVATE LIMITED [Active] CIN = U72300MH1980PTC023016

Company & Directors' Information:- K C HOLDINGS PRIVATE LIMITED [Active] CIN = U65990MH1981PTC024688

Company & Directors' Information:- A TO Z HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1987PTC028294

Company & Directors' Information:- V R HOLDINGS PRIVATE LIMITED [Active] CIN = U70102KA2009PTC051724

Company & Directors' Information:- J B HOLDINGS LIMITED [Strike Off] CIN = U91110ML1995PLC004396

Company & Directors' Information:- P G T HOLDINGS LIMITED [Strike Off] CIN = U74899DL1994PLC057886

Company & Directors' Information:- A & A APPLIANCES PRIVATE LIMITED [Strike Off] CIN = U74990TN2011PTC079434

Company & Directors' Information:- S M HOLDINGS PRIVATE LIMITED [Active] CIN = U65990MH2011PTC225004

Company & Directors' Information:- M S R HOLDINGS LIMITED [Active] CIN = U85110KA1995PLC018599

Company & Directors' Information:- V N C A HOLDINGS PRIVATE LIMITED [Active] CIN = U74999TN2011PTC081684

Company & Directors' Information:- S C HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC025017

Company & Directors' Information:- S G HOLDINGS PVT LTD [Active] CIN = U70109WB1986PTC040839

Company & Directors' Information:- K C A HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066204

Company & Directors' Information:- J M A APPLIANCES PRIVATE LIMITED [Active] CIN = U74899DL2000PTC106483

Company & Directors' Information:- S N J HOLDINGS PRIVATE LIMITED [Active] CIN = U67120DL1997PTC084488

Company & Directors' Information:- H P HOLDINGS LIMITED [Strike Off] CIN = U67120HP1997PLC019474

Company & Directors' Information:- K L N HOLDINGS PRIVATE LIMITED [Active] CIN = U65990TG1986PTC006344

Company & Directors' Information:- M R HOLDINGS LIMITED [Active] CIN = U67120MH1978PLC020559

Company & Directors' Information:- J T HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1979PTC021585

Company & Directors' Information:- B M D HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U51909TN1995PTC031179

Company & Directors' Information:- H K R HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1982PTC013032

Company & Directors' Information:- R J HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1982PTC013033

Company & Directors' Information:- K D R HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1982PTC013034

Company & Directors' Information:- P D R HOLDINGS PVT LTD [Amalgamated] CIN = U67120WB1996PTC077248

Company & Directors' Information:- W A HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL1997PTC084687

Company & Directors' Information:- W D HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL1997PTC084667

Company & Directors' Information:- Y & Y APPLIANCES PRIVATE LIMITED [Active] CIN = U31909DL2007PTC158083

Company & Directors' Information:- A K HOLDINGS PRIVATE LIMITED [Active] CIN = U74899UP1986PTC037306

Company & Directors' Information:- J R D HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059769

Company & Directors' Information:- C S HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U85110KA1995PTC018441

Company & Directors' Information:- R A HOLDINGS LIMITED [Strike Off] CIN = U17119GJ1986PLC037333

Company & Directors' Information:- W. M. F. HOLDINGS PRIVATE LIMITED [Active] CIN = U70101CT2011PTC022482

Company & Directors' Information:- A V HOLDINGS PVT LTD [Active] CIN = U51109WB1992PTC054035

Company & Directors' Information:- K B R HOLDINGS PRIVATE LIMITED [Active] CIN = U67120TG1998PTC030518

Company & Directors' Information:- E K HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040323

Company & Directors' Information:- N R HOLDINGS PVT LTD [Strike Off] CIN = U67120WB1993PTC060077

Company & Directors' Information:- B P A HOLDINGS PVT LTD [Strike Off] CIN = U74990DL1982PTC013326

Company & Directors' Information:- V V HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060480

Company & Directors' Information:- D D B HOLDINGS PVT LTD [Strike Off] CIN = U67120WB1992PTC055592

Company & Directors' Information:- M D HOLDINGS PRIVATE LIMITED [Active] CIN = U67120DL2001PTC111221

Company & Directors' Information:- V H A HOLDINGS PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U65993DL2003PTC120147

Company & Directors' Information:- K E F HOLDINGS LTD [Amalgamated] CIN = U67120WB1988PLC045280

Company & Directors' Information:- SUMEET APPLIANCES PRIVATE LIMITED [Active] CIN = U65910MH1988PTC049100

Company & Directors' Information:- A P HOLDINGS PVT LTD [Active] CIN = U65993PN1981PTC025915

Company & Directors' Information:- N. R. HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1993PTC140612

Company & Directors' Information:- M B HOLDINGS LTD. [Not available for efiling] CIN = U70109WB1986PLC041226

Company & Directors' Information:- J S R HOLDINGS PRIVATE LIMITED [Active] CIN = U45200KA2006PTC040195

Company & Directors' Information:- K M HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064343

Company & Directors' Information:- A S H HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL2004PTC125403

Company & Directors' Information:- C M HOLDINGS PVT LTD [Strike Off] CIN = U45203WB1986PTC041627

Company & Directors' Information:- M H HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC067392

Company & Directors' Information:- I K HOLDINGS LTD [Strike Off] CIN = U70101WB1951PLC019703

Company & Directors' Information:- C & R HOLDINGS PVT. LTD. [Active] CIN = U65929WB1991PTC051376

Company & Directors' Information:- SUMEET (INDIA) PVT LTD [Strike Off] CIN = U25199WB1984PTC037182

Company & Directors' Information:- J J HOLDINGS LTD [Amalgamated] CIN = U65993WB1980PLC032736

Company & Directors' Information:- K G HOLDINGS PVT LTD [Active] CIN = U65929WB1987PTC042868

Company & Directors' Information:- B & T HOLDINGS PRIVATE LIMITED [Active] CIN = U74920DL2007PTC171796

Company & Directors' Information:- H D HOLDINGS PVT LTD [Amalgamated] CIN = U51109WB1991PTC051415

Company & Directors' Information:- N AND N HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1990PTC040846

Company & Directors' Information:- M P HOLDINGS PRIVATE LIMITED [Under Process of Striking Off] CIN = U67120DL1997PTC088350

Company & Directors' Information:- M M APPLIANCES PRIVATE LIMITED [Strike Off] CIN = U28994DL1996PTC076798

Company & Directors' Information:- B P HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1989PTC038274

Company & Directors' Information:- K P R HOLDINGS PRIVATE LIMITED [Active] CIN = U74900TZ2011PTC017467

Company & Directors' Information:- U AND V HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U65999TN2005PTC057659

Company & Directors' Information:- B AND B HOLDINGS PRIVATE LIMITED [Active] CIN = U70101AS1999PTC005674

Company & Directors' Information:- M. G. HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120DL2010PTC198226

Company & Directors' Information:- D G HOLDINGS PRIVATE LIMITED [Active] CIN = U65110DL1998PTC094466

Company & Directors' Information:- I R HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC185743

Company & Directors' Information:- S I HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC186043

Company & Directors' Information:- C J G HOLDINGS INDIA PRIVATE LIMITED [Active] CIN = U70101KL2010PTC038559

Company & Directors' Information:- U P L HOLDINGS PVT LTD [Strike Off] CIN = U67120OR1990PTC002414

Company & Directors' Information:- N N HOLDINGS PVT LTD [Strike Off] CIN = U65999WB1990PTC048493

Company & Directors' Information:- O M K HOLDINGS PVT LTD [Strike Off] CIN = U67120WB1995PTC072914

Company & Directors' Information:- M K HOLDINGS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U65993TN1996PTC036985

Company & Directors' Information:- K I HOLDINGS PVT LTD [Strike Off] CIN = U67120MH1981PTC024069

Company & Directors' Information:- D R HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL1982PTC013031

Company & Directors' Information:- R R HOLDINGS PRIVATE LIMITED [Active] CIN = U74899DL1983PTC017127

Company & Directors' Information:- G J HOLDINGS PVT LTD [Not available for efiling] CIN = U65993PB1985PTC006327

Company & Directors' Information:- SIPRA HOLDINGS PVT LTD [Strike Off] CIN = U45201WB1996PTC077066

Company & Directors' Information:- M G L HOLDINGS PRIVATE LIMITED [Active] CIN = U65993TN1994PTC029354

Company & Directors' Information:- S S APPLIANCES PRIVATE LIMITED [Active] CIN = U74899DL1988PTC030560

Company & Directors' Information:- K V R HOLDINGS PRIVATE LIMITED [Active] CIN = U65191KA2012PTC063353

Company & Directors' Information:- R N M HOLDINGS P LTD. [Active] CIN = U65921WB1990PTC050174

Company & Directors' Information:- M D HOLDINGS PVT LTD [Strike Off] CIN = U67120CH1983PTC005399

Company & Directors' Information:- M. P. APPLIANCES PRIVATE LIMITED [Active] CIN = U29300MP2007PTC019887

Company & Directors' Information:- R V HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC036577

Company & Directors' Information:- B J HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH1982PTC028820

Company & Directors' Information:- J T C L S APPLIANCES PRIVATE LIMITED [Strike Off] CIN = U31907MH2005PTC154091

Company & Directors' Information:- R S APPLIANCES PRIVATE LTD [Active] CIN = U74899DL1986PTC026499

Company & Directors' Information:- R S HOLDINGS PVT LTD [Active] CIN = U70109WB1986PTC040255

Company & Directors' Information:- A D HOLDINGS PVT LTD [Strike Off] CIN = U65993WB1976PTC030525

Company & Directors' Information:- S P HOLDINGS PVT LTD [Strike Off] CIN = U65993WB1988PTC044540

Company & Directors' Information:- R A HOLDINGS PVT LTD [Strike Off] CIN = U70200WB1986PTC040138

Company & Directors' Information:- A HOLDINGS PVT LTD [Strike Off] CIN = U70101WB1962PTC025617

Company & Directors' Information:- K T R HOLDINGS PVT LTD [Strike Off] CIN = U67120WB1993PTC059078

Company & Directors' Information:- B I HOLDINGS PVT LTD [Strike Off] CIN = U65922WB1988PTC043690

Company & Directors' Information:- Y D APPLIANCES PRIVATE LIMITED [Active] CIN = U29308DL1998PTC092484

Company & Directors' Information:- E TO E HOLDINGS INDIA PRIVATE LIMITED [Active] CIN = U65999KA2008PTC047780

Company & Directors' Information:- A C & R APPLIANCES PRIVATE LIMITED [Active] CIN = U31908MH2013PTC241267

Company & Directors' Information:- M A HOLDINGS PRIVATE LIMITED [Active] CIN = U26106UP2003PTC027990

Company & Directors' Information:- G L HOLDINGS PRIVATE LIMITED [Dormant under section 455] CIN = U74996KA2008PTC044867

Company & Directors' Information:- A AND M HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67190TG1995PTC021464

Company & Directors' Information:- APPLIANCES (INDIA) PVT LTD [Strike Off] CIN = U51109WB1982PTC034482

Company & Directors' Information:- K V S HOLDINGS PVT LTD [Strike Off] CIN = U65993WB1993PTC060850

Company & Directors' Information:- V K HOLDINGS PRIVATE LTD [Strike Off] CIN = U27924DL1987PTC027924

Company & Directors' Information:- Q AND A HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120MH2000PTC127319

Company & Directors' Information:- S K HOLDINGS PVT. LTD [Strike Off] CIN = U99999UP1988PTC010231

Company & Directors' Information:- V A HOLDINGS PVT LTD [Strike Off] CIN = U67120KL1986PTC004442

Company & Directors' Information:- R R APPLIANCES PRIVATE LIMITED [Strike Off] CIN = U51395RJ2002PTC017605

Company & Directors' Information:- D V APPLIANCES PRIVATE LIMITED [Active] CIN = U29120DL1998PTC096926

Company & Directors' Information:- U S APPLIANCES PVT LTD [Amalgamated] CIN = U29300MH1981PTC024515

Company & Directors' Information:- S R HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U65993TN1980PTC008388

Company & Directors' Information:- M T R HOLDINGS PRIVATE LIMITED [Active] CIN = U67110KA2007PTC042600

Company & Directors' Information:- J AND K APPLIANCES PRIVATE LIMITED [Strike Off] CIN = U33111JK2000PTC002059

Company & Directors' Information:- K C APPLIANCES PVT LTD [Strike Off] CIN = U29309CH1990PTC010931

Company & Directors' Information:- B T APPLIANCES PRIVATE LIMITED [Active] CIN = U29305RJ2013PTC041299

Company & Directors' Information:- C S A HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U65990MH1995PTC092555

Company & Directors' Information:- K N Z HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120MH1998PTC117331

Company & Directors' Information:- S H HOLDINGS PRIVATE LIMITED [Active] CIN = U67120MH2001PTC131041

Company & Directors' Information:- D L HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67100TN2012PTC083929

Company & Directors' Information:- P C T HOLDINGS PRIVATE LIMITED [Active] CIN = U70101TZ2004PTC010971

Company & Directors' Information:- M J P HOLDINGS PRIVATE LIMITED [Active] CIN = U74900TG2015PTC098835

Company & Directors' Information:- P H HOLDINGS PVT LTD [Active] CIN = U67120WB1985PTC039369

Company & Directors' Information:- J D S HOLDINGS PRIVATE LIMITED [Active] CIN = U65993DL1993PTC053637

Company & Directors' Information:- M R S HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120DL2001PTC113197

Company & Directors' Information:- S L APPLIANCES PRIVATE LIMITED [Active] CIN = U51909DL1999PTC099620

Company & Directors' Information:- J S M S HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U45201DL2002PTC117110

Company & Directors' Information:- R M G HOLDINGS PVT LTD [Active] CIN = U67120MP1987PTC004209

Company & Directors' Information:- B R HOLDINGS PRIVATE LIMITED [Amalgamated] CIN = U74899HR1994PTC064054

Company & Directors' Information:- P R S HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120KA2010PTC052295

Company & Directors' Information:- M AND D HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U67120MH1981PTC025882

Company & Directors' Information:- A T HOLDINGS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74899DL1994PTC057216

Company & Directors' Information:- J AND S HOLDINGS PVT LTD [Strike Off] CIN = U67120RJ1996PTC012114

Company & Directors' Information:- S K V HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U65993DL1981PTC012910

Company & Directors' Information:- S M K S HOLDINGS PVT LTD [Strike Off] CIN = U45400WB1990PTC048498

Company & Directors' Information:- S J P HOLDINGS PRIVATE LIMITED [Strike Off] CIN = U99999GJ1981PTC004682

    CS(COMM). No. 428 of 2016 & I.A. No. 13428 of 2015

    Decided On, 14 September 2018

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE MANMOHAN

    For the Plaintiffs: Shailen Bhatia, Ekta Nayar, Shivani Chand, Advocates. For the Defendant: None.



Judgment Text

Oral:

1. Present suit has been filed for permanent injunction restraining infringement of trade mark, copyright, passing off, trade name, damages, delivery up etc. The prayer clause in the suit is reproduced hereinbelow:-

'32. It is therefore, prayed that this Hon’ble Court may be pleased to grant the following reliefs:

'a. An Order for permanent injunction restraining the Defendant, its officers, as the case may be, its servants, agents, dealers, distributors and all others acting for and on its behalf form manufacturing, exporting, selling, offering for sale, exhibiting, advertising, directly or indirectly dealing with Mixer Grinders, Electronic Palm Grinders, Grinders, Mixers, Washing Machines and other cognate/allied goods under the trade mark SUMEET or any other identical/deceptively similar mark to the Plaintiff’s trade mark SUMEET TRADITIONAL amounting to infringement of registered trade mark No. 819556 in class 7.

b. An Order for permanent injunction restraining the Defendant, its officers, as the case may be, its servants, agents, dealers, distributors and all others, acting for and on its behalf from manufacturing, exporting, selling, offering for sale, exhibiting, advertising, directly or indirectly dealing with Mixer Grinders, Electronic Palm Grinders, Grinders, Mixers, or other Electrical Home Appliances and other cognate/allied goods under the trade mark SUMEET or SUMEET TRADITIONAL or any other identical/deceptively similar trade mark to the plaintiff’s mark or from doing any other thing as is likely to lead to confusion or deception thereby resulting in passing off the Defendant’s goods as those of the Plaintiff.

c. An Order for permanent injunction restraining the Defendant, its officers, as the case may be, its servants, agents, dealers, distributors and all others acting for and on its behalf from manufacturing, exporting, selling, offering for sale, exhibiting, advertising, directly or indirectly dealing in Mixer Grinders, Electronic Palm Grinders, Grinders, Mixers, or other Electrical Home Appliances and other cognate/allied goods under the trade mark SUMEET or SUMEET TRADITIONAL or any other identical/deceptively similar trade mark which is in violation of rights of the Plaintiff acquired by the first adoption of word SUMEET as part of trading name/corporate name.

d. For an Order of permanent injunction restraining the Defendant, its officers, as the case may be, its servants, agents, dealers, distributors and all others acting for and on its behalf from manufacturing, exporting, selling, offering for sale, exhibiting, advertising, directly or indirectly dealing in Mixer Grinders, Electronic Palm Grinders, Grinders, Mixers, or other Electrical Home Appliances and other cognate/allied goods under the trade mark SUMEET or SUMEET TRADITIONAL or any other identical/deceptively similar trade mark to the Plaintiff’s mark or for infringement of Copyright in the artistic work titled as SUMEET TRADITIONAL.

e. An Order for delivery up of all material including labels, blocks, dies, strips, cartons, stationery, literature or any other printed matter bearing the impugned mark for the purpose of destruction and /or erasure.

f. For an Order of Damages caused to reputation and goodwill of the Plaintiff on account of use of the Trade Marks SUMEET & SUMEET TRADITIONAL by the Defendant. Any further Order/Orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case may also be passed in favour of the plaintiffs and against the defendant.'

2. At the outset, learned counsel for plaintiffs gives up para 32 (e) and (f) of the prayer clause to the suit. The statement made by learned counsel for plaintiffs is accepted by this Court and plaintiffs are held bound by the same.

3. Vide order dated 09th July, 2015 this Court granted an ex-parte ad interim injunction in favour of the plaintiffs and against the defendant. The relevant portion of the ex-parte injunction order is reproduced hereinbelow:-

'…Accordingly, till the next date of hearing, defendant is restrained from the using the plaintiffs’ trade mark ‘Sumeet’ or ‘Sumeet Traditional’ or any other deceptively similar trade mark as that of plaintiffs.'

4. The defendant entered appearance and filed its written statement. However, as none had been appearing on behalf of defendant since 21st October, 2016, the defendant was proceeded ex-parte on 12th July, 2017.

5. The relevant facts of the present case are that the plaintiff no.1 is a company incorporated in 1980 and the word SUMEET has been an essential and integral ingredient of its corporate name since inception. It is stated that the plaintiff no. 2 is the dealer of the plaintiff no. 1 in New Delhi.

6. It is stated that the plaintiff no. 1’s mark SUMEET has been used for power operated kitchen mixies for domestic use since 1963 by Mrs. Madhuri Mathur, mother of the director of plaintiff no.1 company. It is stated that the trade mark SUMEET was originally registered in 1970 under Class 7 of the Trade and Merchandise Marks Act, 1958, in the name of Mrs. Madhuri Mathur and was assigned on 01st January, 1981 to the plaintiff no. 1 company. It is stated that vide order dated 08th February, 1992, the Apex Court in Power Control Appliance Co. & Ors. vs. Sumeet Machines Pvt. Ltd, 1994 (2) SCC 448 held that the plaintiff no. 1 is the registered owner of the trade mark SUMEET.

7. It is stated that the plaintiff no. 1 is also the registered owner of the trade mark SUMEET TRADITIONAL under Class 7 of the Trade and Merchandise Marks Act, 1958 for mixer grinders and inter alia other household electrical appliances. It is stated that the plaintiffs registrations are valid and subsisting.

8. It is stated that by virtue of continuous and extensive use, the word SUMEET is associated with the plaintiff no. 1 company as the trade mark SUMEET TRADITIONAL is distinctive of and identified exclusively with the goods of the plaintiff no. 1.

9. It is stated that the plaintiff no. 1 also owns copyright in the label titled as SUMEET TRADITIONAL as the same constitutes an original artistic work with the meaning Section 2(c) of the Copyright Act, 1957.

10. It is stated that vide Memorandum of Understanding dated 01st December, 2014, the plaintiff no. 1 licensed the mark SUMEET TRADITIONAL to M/s Soni Steel and Appliances Pvt. Ltd. and its concerns/companies M/s Siddhesh Industries, M/s Aishwariya Industries and M/s Parishram Home Appliances for the purposes of manufacture of various household appliances including mixers.

11. It is stated that the sales figures of the plaintiff no. 1 company and its licensees from January to May 2015 was Rs. 78,05,413/-.

12. Learned Counsel for the plaintiffs states that the defendant company i.e. M/s Sipra Appliances is unauthorisedly selling identical mixies with the trade mark SUMEET and SUMEET TRADITIONAL. He states that the plaintiff no. 1 company had entered into an Agreement for Subcontract dated 12th April, 2013 with the defendant for manufacture of two specific models of mixies. Since the defendant was violating the Agreement by selling goods under the mark SUMEET TRADITIONAL, the said Agreement was terminated vide notice dated 05th June, 2013 and Letter of Termination dated 06th July, 2013.

13. Learned counsel for the plaintiffs states the use the expression SUMEET or SUMEET TRADITIONAL by the defendant, post termination of the contract is likely to cause confusion and deception amongst the purchasing public. He states the defendant has unauthorisedly adopted the marks SUMEET and SUMEET TRADITIONAL with the mala fide intent to ride upon the goodwill and reputation of the plaintiffs.

14. The plaintiffs have filed their ex parte evidence by way of affidavit of Shri Mukesh Gupta (PW1), manager of the plaintiff no. 1 company. The plaintiffs have also examined Shri Yoginder Pal Dawar (PW2), partner of the plaintiff no. 2.

15. The plaintiffs’ witness (PW1) has proved registration of plaintiff’s marks SUMEET and SUMEET TRADITIONAL as Exhibit PW1/6 and Exhibit PW1/7. The plaintiff’s witness has also proved the Memorandum of Understanding dated 01st December, 2014, entered into between the plaintiff no. 1 and M/S Soni Steel Appliances (P) Ltd, as Exhibit PW1/8 and copies of invoices of the plaintiff no.1 and its licensees M/s Siddhesh Industries and M/s Soni Steel and Appliances Pvt. Ltd. as Exhibit PW1/9 and Exhibit PW 1/10. PW-1 has proved the Agreement for Subcontract dated 12th April, 2013, entered into between the plaintiff no. 1 and the defendant as Exhibit PW1/11, a copy of the official Notice dated 05th June, 2013 as Exhibit PW1/12 and a copy of the letter of termination dated 06th July, 2013 as Exhibit PW1/13. The plaintiffs’ witness has also proved letter dated 11th March, 2015 issued by the plaintiff no. 2 as a dealer of the plaintiff no. 1 as Exhibit PW1/14, establishing the jurisdiction of the this Court.

16. The plaintiffs’ witness (PW2) has proved Partnership Deed dated 17th June, 2009 of plaintiff no. 2 with the plaintiff no. 1 as Exhibit PW2/1 and copes of invoices pertaining to the trade mark SUMEET as Exhibit PW2/2. PW2 has also proved photographs of the plaintiffs’ and defendant’s products as Exhibit PW2/3 and Exhibit PW2/4.

17. Having heard learned counsel for plaintiffs as well as having perused the papers, this Court is of the view that due to extensive use over substantial period of time, the plaintiffs’ marks SUMEET AND SUMEET TRADITIONAL have acquired reputation and goodwill in the marks in India.

18. In the opinion of this Court, the triple identity test is satisfied as the defendant has made use of an identical/deceptively similar trademark in relation to identical goods having an identical trade channel (products sold vide same trading channels).

19. From the evidence on record, it is apparent that despite termination notice dated 05th June, 2013 and letter of termination dated 06th July, 2013, the defendant had malafidely continued to affix the plaintiffs’ trademarks on their products.

20. Further, as the plaintiff’s evidence has gone unrebutted, said evidence is accepted as true and correct. The Supreme Court in Ramesh Chand Ardawatiya Vs. Anil Panjwani, AIR 2003 SC 2508 has held as under:-

"33. .........In the absence of denial of plaint averments the burden of proof on the plaintiff is not very heavy. A prima facie proof of the relevant facts constituting the cause of action would suffice and the court would grant the plaintiff such relief as to which he may in law be found entitled. In a case which has proceeded ex parte the court

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is not bound to frame issues under Order 14 and deliver the judgment on every issue as required by Order 20 Rule 5. Yet the trial court should scrutinize the available pleadings and documents, consider the evidence adduced, and would do well to frame the 'points for determination' and proceed to construct the ex parte judgment dealing with the points at issue one by one. Merely because the defendant is absent the court shall not admit evidence the admissibility whereof is excluded by law nor permit its decision being influenced by irrelevant or inadmissible evidence." 21. Consequently, the allegation that the trademark, SUMEET AND SUMEET TRADITIONAL used by defendant amounts to infringement of plaintiffs’ trademark is correct. The use of the impugned mark by the defendant was bound to cause incalculable losses, harm and injury to the plaintiffs. 22. Accordingly, present suit is decreed in accordance with the paragraph 32 (a) to (d) of the plaint along with the actual costs incurred by the plaintiffs. The cost shall amongst others include the lawyers’ fees, as well as the amounts spent on purchasing the court fees. Registry is directed to prepare a decree sheet accordingly.
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