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1987 Supreme(Del) 70

MAHESH CHANDRA
HINDUSTAN RADIATORS COMPANY – Appellant
Versus
HINDUSTAN RADIATORS LIMITED – Respondent


Advocates Appeared:
ANUP SINGH, H.P.SINGH, RAKESH SAWHNEY

The plaintiff

( 1 ) M/s. Hindustan Radiators Company, Station Road, Jodhpur, a partnership concern, has filed this suit for permanent injunction against passing off and using its trading style and trade marks by M)s. Hindustan Radiators Limited, Model Town, Delhi, on the allegations that the plaintiff was carrying on business since 1959 and had been manufacturing about hundred types of radiators for use in various vehicles like buses, trucks, cars, jeeps, cranes and compressor etc. under the marks "hindustan RADIATOR" and with the initials "h. R. ", short form of hindustan Radiator on the radiators manufactured by it and due to extensive, long and continuous use the trading style hindustan RADIATOR CO. and the trade mark hindustan RADIATOR/h. R. " known and associated with the excellent quality of radiators. manufactured and sold and offered for sale by the plaintiff ; that the plaintiff has since 1959 sold radiators approximately of the value of seven crores of rupees and their present annual sale was approximately fifty lakhs of rupees and the plaintiff s main market is in Delhi ; that the plaintiff has been supplying "hindustan RADIATORS" to M/s. Mysore State Road Transport











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