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IN THE HIGH COURT OF DELHI
V.K. Jain, J.
Appellants: Greaves Cotton Limited
Vs.
Respondent: Mohammad Rafi and Ors.
CS (OS) No. 395/2008
Decided On: 03.06.2011
Trademark Infringement - GREAVES - Trade Marks Act, 1999, Section 28, Section 29(1) - The court discussed the plaintiff's exclusive right to use the trademark, infringement by the defendant's deceptively similar mark, and the legal provisions under the Trade Marks Act, 1999. The court found in favor of the plaintiff, granting perpetual injunction, mandatory injunction, and damages.
Fact of the Case:
The plaintiff, a manufacturing company, claimed trademark infringement by the defendant's use of the mark 'GREAVES INDIA' for similar products. The plaintiff sought injunction, withdrawal of the defendant's trademark application, and damages.
Finding of the Court:
The court found that the defendant's use of 'GREAVES INDIA' infringed the plaintiff's trademark. It granted perpetual injunction, mandatory injunction, and damages in favor of the plaintiff.
Issues: The issues included ownership of the trademark, defendant's use of 'GREAVES INDIA,' right to adopt the impugned mark, infringement and passing off, entitlement to damages, and relief sought.
Ratio Decidendi: The court held that the plaintiff's exclusive right to the trademark was infringed by the defendant's deceptively similar mark. It cited legal provisions under the Trade Marks Act, 1999, and established that the defendant's use constituted infringement and passing off.
Final Decision: The court decreed perpetual injunction, mandatory injunction, and damages in favor of the plaintiff, restraining the defendant from using 'GREAVES INDIA' and directing withdrawal of the trademark application.
V.K. Jain, J.
1. This is a suit for permanent & mandatory injunction, damages, rendition of accounts and delivering up of infringing material. The Plaintiff company is engaged in the manufacture of a wide range of industrial products including diesel engines, generating sets, agro equipments, construction equipments and road construction equipments. It is claimed that the word/mark "Greaves" is an essential and prominent feature of Plaintiff's trade name, corporate name and business style and the trademark "GREAVES" is the surname of the founder of the Plaintiff's predecessor "Greaves Cotton And Company Limited". Other groups companies of the Plaintiff are Greaves Leasing Finance Limited, Greaves Midwest Engineering Company Limited, Crompton Greaves Limited, Dee Greaves Limited, Piaggio Greaves Vehicles Limited and Greaves Farymann Diesel GMBH. It is also alleged that "GREAVES" is the principal trademark of the Plaintiff company and is exclusively associated with the products, business and activities of the Plaintiff company and its subsidiary/associate companies. The Plaintiff company holds the following registrations in its favour:
Sl. No.
Trademark
Goods
Class
1.
Greaves Care (Label)
Machines and machine tools, motors (except for vehicles), machine couplings and belting (except for vehicles), large size agricultural implements, incubations (diesel generating sets)
7
2.
Greaves Engines (Label)
Diesel oil engines (for use in motor land vehicle) and parts and fittings thereof
7
3.
Greaves part (with an artistic logo of Phoenix inside a geometric device)
Diesel oil engines (for use in motor land vehicle) and parts and fittings thereof
12
4.
Greaves Limited (with an artistic logo of Phoenix inside a geometric device)
Unwrought and partly wrought common metals and their alloys, metallic pipes and tubes, cables and wires (non-electric) and parts thereof
6
5.
Greaves Engines
Diesel oil engines (for use in motor land vehicle) and parts and fittings thereof
12
6.
Greaves
Parts of internal combustion engines for water crafts, diamond drill bite, diamond drilling machines, diamond grinding wheels and parts included in Class 7 or internal combustion engines, motor driven centrifugal pumping sets, diesel driven pump sets and steam traps.
7
7.
Greaves part
Diesel oil engines (for use in motor land vehicle) and parts and fittings thereof
7
2. The Plaintiff company has set out the sales figures of pumps of different descriptions during the period 2003 to 2007 as under:
(Rs. in lacs)
Model
2003-04
2004-05
2005-06
2006-07
MK12
18637
22356
21167
19885
MK25
3424
4126
3925
6628
MK20
2675
4936
6711
6348
The Plaintiff company claimed to have incurred advertising expenditure during the period 2002-03 to 2006-07 as under:
Year
Advertising Expenses (Rs. in lacs)
2002-03
9.09
2003-04
23.54
2004-05
36.47
2005-06
48.13
2006-07
51.74
3. It is alleged that Defendant No. 1 who is the proprietor of Defendant No. 2, made an application for registration of the trademark "GREAVES INDIA" claiming use of aforesaid mark since 1.12.2004 in respect of self priming pump, monobloc pump, jet pump, shallow well pump, coupled pump, high head coupled pump, diesel pump, which are exactly of the same type as the pumps of the Plaintiff company. The Plaintiff company sent a legal notice dated 26.12.2007 to the Defendant No. 1 calling upon it to cease and desist from using the aforesaid mark. In his reply, the Defendant claimed to have acquired popularity and publicity through use since 1.12.2004.
It is alleged that Defendant No. 1 is engaged in a business which is similar to the business of the Plaintiff company and is dealing in products as that of the Plaintiff company, the use of the aforesaid mark by the Defendant No. 1 would result in causing deception in the market and is likely to lead the purchaser to believe that the products being sold under the marks "GREAVES INDIA" are manufactured, sold and marketed by the Plaintiff company or that the use of the aforesaid mark
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