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1994 Supreme(Del) 699

VIJENDER JAIN, VUENDER JAIN
AUTOMATIC ELECTRIC LIMITED – Appellant
Versus
R. K. DHAWAN – Respondent


Advocates Appeared:
HEMANT SINGH, S.P.AGARWAL

Mr. Vijender Jain, J.

( 1 ) AT the outset this Court took the objection that properan adequate Court fees has not been paid and the plaint is deficient. This is a suit forpermanent injunction restraining infringement, passing off, rendition of accounts ofprofits etc. The plaintiff claims to be a Company registered under the Companiesact. According to the case of the plaintiff in 1945the plaintiff adopted the trade mark dimmerstat in relation to their goods. Plaintiff has incurred substantialexpenses in sales promotion and advertising compaign pertaining to the goodsbearing the trade mark dimmerstat and therefore it has been averred that thetrademark of the plaintiff has earned reputation and good will. In paragraph 3of the plaint the plaintiff has given the turnover of sales of its product which in 1983-84 was approximately Rs. 10. 49 crores and in 1993-94 Rs. 31 crores. The suit has beenfiled by the plaintiff and it has been averred that defendants 1 and 2 are also engagedin the business of manufacturing and selling same kind of goods as has beenmanufactured and sold by the plaintiff. It has been averred that the defendants areusings the trade mark dimmer DOT which is decepti










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