DELHI HIGH COURT
Yashwant Varma, J
Kala Niketan Karol Bagh New Delhi v. Kala Niketan G-10 (Basement) South Extension Market I New Delhi
| Table of Content |
|---|
| 1. plaintiff seeks protection of trade name. (Para 1 , 2) |
| 2. defendant claims use of descriptive name. (Para 3 , 4 , 5) |
| 3. injunction granted based on distinctiveness. (Para 6 , 7 , 8 , 16 , 22) |
| 4. final ruling on injunction and dismissal of other claims. (Para 23 , 24 , 26) |
1. In this suit the plaintiff, who carries on business as 'Kala Niketan', seeks a decree for permanent injunction restraining the defendant, its servants, agents, representatives and dealers from, directly or indirectly, dealing in Sarees and other textile goods as 'Kala Niketan' or any other identical or deceptively similar trade name; an order for destruction of dies, blocks, transfer labels and any other material bearing the impugned trade name and for rendition of accounts.
2. According to the allegations in the plaint, the business of selling sarees as 'Kala Niketan' was started by Shrimati Morni Devi at 2343/2, Ajmal Khan Road, Karol Bagh, New Delhi, on April 7, 1957. In April, 1958, she took her two sons, Shambhoo Nath Khanna and Krishan Lal Khanna, in partnership with her in the said business. Shambhoo Nath Khanna retired from the firm with effect from June 15, 1966. Shrimati Morni Devi also
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