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2022 Supreme(Del) 268

ASHA MENON
H. S. Sahn – Appellant
Versus
Mukul Singhal – Respondent


Advocates Appeared:
Mr. Jayant Mehta, Sr. Advocate,with Mr. Tejveer Bhatia, Mr. Rohan Swarup and Mr. P.D.V. Srikar, Advocate, for the Appellant; Mr. Saif Khan, Mr. Achuthan Sreekumar and Mr. Rohil Bansal, Advocate, for the Respondent.

JUDGMENT

1. The suit has been filed by the plaintiff/Sh. H.S. Sahni as the sole proprietor of M/s M.K. Auto Sales Corporation, which is stated to manufacture and trade in a wide range of automobile fittings, control cables and spare parts and other allied goods, against the defendant No.1/Mukul Singhal and defendant No.2/Gaurav Singhal, who are partners of the defendant No.3/M/s M.G. Cables (India) and are stated to be brothers.

2. The plaintiff claims to have commenced his business in the year 1986 under the trade name of M/s M.K. Auto Sales Corporation. The plaintiff applied for registration of his trademarks 'M.G.' and 'M.G.I.' stating 'user' since 1989, since the plaintiffs firm had obtained Sales Tax registration in that year. The trademarks 'M.G.' and 'M.G.I.' were registered on 7th July, 1998, though the 'user' was claimed from 1st April, 1989. Due to the hard work, efforts, investment and promotions, the public at large had begun to identify the trade marks 'M.G.' and 'M.G.I.' solely and exclusively with the goods and services of the plaintiff and his firm. The plaintiff claims to have adopted the mark 'M.G.' in honour of his mother, who was affectionately known as 'Mohinder

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