Delhi District Court
Through vs . on 13 September, 2022
M/S SHRIRAM PISTONS AND RINGS LTD
VS.
ASHOK KUMAR
IN THE COURT OF SH. VIRENDER BHAT
LD. DISTRICT JUDGE (COMMERCIAL COURT),
NORTH DISTRICT, ROHINI COURTS: DELHI.
CS (COMM.) 337/19
Shriram Pistons and Rings Limited
A Company registered under the provisions of
Companies Acts, 1956
Having its Registered Offices at
3rd Floor, Himalaya House,
23, Kasturba Gandhi Marg,
New Delhi-110001.
Through
Mr. Vijay Singh Rana
Its Authorized Representative
...... Plaintiff.
VERSUS
Rajesh Verma
Building No. A-32,
Kewal Park Extension,
Azadpur, Delhi-110033.
...... Defendant.
CS (COMM.) 337/19 Page No. 1 of 13
M/S SHRIRAM PISTONS AND RINGS LTD
VS.
ASHOK KUMAR
Date of Institution : 18.04.2019
Date of final arguments : 07.09.2022
Date of decision : 13.09.2022
J U D G E M E N T:-
1. In this suit, the plaintiff company has sought decree of permanent injunction thereby restraining the defendant from using the plaintiff's trademark/copyright/logo "USHA" and "SHRIRAM as well as any identical or deceptively similar trademark/logo and also ancillary reliefs.
2. The plaintiff is stated to be a company registered under the provisions of Companies Act, 1956 and engaged in the business of manufacture as well as marketing of engine components such as piston, piston pins, piston rings and circlips since the year 1972 and engine valves as well as engine valve components since the year 1993.
3. The case of the plaintiff is that it is registered owner of the trademarks under the word and logo "USHA" and "SHRIRAM" with respect to the engine valves, pistons, piston pins, piston rings and other engine components falling under Clause 7 and 12 of the Trademark Act, 1999 in India and various other countries such UAE, Malaysia, Hong Kong and Nigeria etc. It is stated that the company has obtained registration of its trademark/logo "USHA" and "SHRIRAM" vide various CS (COMM.) 337/19 Page No. 2 of 13 M/S SHRIRAM PISTONS AND RINGS LTD VS.
ASHOK KUMAR registration certificates bearing trademark numbers 308516, 309086, 309092, 310046, 312962, 316156, 426689 and 426693. Apart from the above noted trademark registrations, the plaintiff is also stated to have obtained copyright registration of the Art Works pertaining to the mark "USHA" vide copyright registration numbers A-14418/75, A-14419/75 and A-14620/75. The company has also obtained registration for the trademark/petal device/logo "SHRIRAM" vide registration numbers 426691, 426692, 552652, 526920, 552653, 1860174, 2938416, 1860175, 1860176, 1860177 respectively.
4. It is further submitted that the trademark "USHA" has been used extensively and uninterruptedly by the plaintiff company in several countries including India since the year 1972 as a result of which, valuable goodwill and reputation as accrued to the plaintiff with respect to the said mark. It is stated that the trademarks "USHA" and "SHRIRAM" are internationally well known marks and thus entitled to maximum protection against all kinds of misuse/misappropriation by any unauthorized trader/person irrespective of the class or goods vide which the mark is registered and used by the plaintiff company. It is further stated that the plaintiff, in the name of "SHRIRAM" is one of the largest integrated manufacturers of engine components for the last four decades and its products are sold to a large number of original equipment manufacturers namely TATA, Maruti Suzuki, Honda Motorcycle, Ford Motors, Bajaj, Hindustan Motors and CS (COMM.) 337/19 Page No. 3 of 13 M/S SHRIRAM PISTONS AND RINGS LTD VS.
ASHOK KUMAR Mahindra and Mahindra etc. Various awards and certificates are stated to have been earned by the plaintiff company under the names of "SHRIRAM" indicating its reputation and dedication towards maintaining high standards of quality. A list of such awards and certificates have been given in Paragraph No. 13 of the plaint.
5. It is further stated that the trademarks/logos "USHA" and "SHRIRAM" have their own figurative distinctiveness on account of their unique design, effect, sign, graphics, style as a whole and the logos "USHA" (packaging), "USHA" (wrapper) and "USHA" (piston rings) are an artistic work under the definition of term in Copyright Act, 1957.
6. On the basis of John Doe principle as applicable in India, Ashok Kumar has been impleaded as defendant in the suit stating that the defendant is a business entity and engaged in the business of packaging, stocking, distributing and selling of infringing goods bearing the falsified trademark "USHA" and "SHRIRAM". It is stated that the defendant is operating its business from Building No. A-32, Kewal Park Extension, Azadpur, Delhi-110033. It is further stated that in the first week of April, 2019, the plaintiff came to know that the defendant is using the plaintiff's trademark "USHA" and "SHRIRAM" upon his products without the permission or authority of the plaintiff company. It is stated that the logos of the plaintiff company "USHA" and "SHRIRAM" (alongwith petal device) are also CS (COMM.) 337/19 Page No. 4 of 13 M/S SHRIRAM PISTONS AND RINGS LTD VS.
ASHOK KUMAR being copied by the defendant on the packaging material used by him. It is stated that the defendant has been selling the infringing products at a price generally lower than the original products of the plaintiff company without issuing any receipt of invoice. It is stated that the trademarks "USHA" and "SHRIRAM" adopted by the defendant are almost complete adoption of the trademarks and trade-dress "USHA" and "SHRIRAM" of the plaintiff company due to which mechanics, who are either illiterate or not well aware of the characteristics of the genuine products and also the unwary customers got easily deceived or mislead by spurious goods of the defendant. The difference in the genuine goods manufactured by the plaintiff and infringing goods manufactured by the defendant has been given in Paragraph No. 24 of the plaint. Same are as under:-
(a) the plaintiff company writes "for sale in India only" alongwith MRP on the left-
hand side of the packaging at back of its original product whereas the Defendant does not write "for sale in India only" on infringing product.
(b) In the genuine goods of the plaintiff company the details of each product is written, the word "SHRIRAM" written therein is in bold letter without any space whereas the same word "SHRIRAM" is written on the infringing CS (COMM.) 337/19 Page No. 5 of 13 M/S SHRIRAM PISTONS AND RINGS LTD VS.
ASHOK KUMAR packaging. That the petal mark just above the word "SHRIRAM" is of white and black combination in the original product whereas a similar petal mark is of white and black colour combination in the infringing product just above the word "SHRIRAM".
(c) A barcode is affixed on every genuine packaging of the plaintiff company. The infringing packaging contains no such barcode.
(d) That the manufacturing quality of the packaging material used in the infringing product is of inferior quality and the finishing of the infringing product is shabby.
(e) The printing on the packaging material of infringing product is way offset of the actual packaging. The shabby printing clearly shows that it is an infringing product. The colour of "USHA" written on the original product is dark red whereas colour of "USHA" is written in dull red colour on the infringing goods.
(f) The product type is written on the CS (COMM.) 337/19 Page No. 6 of 13 M/S SHRIRAM PISTONS AND RINGS LTD VS.
ASHOK KUMAR packaging of the genuine goods and similar product type is written on the infringing goods.
7. It is further stated that the defendant has selected the impugned trademarks/trade-dress "USHA" and "SHRIRAM" of the plaintiff company thereby making illegal gains for himself and causing wrongful loss to the plaintiff company. It is stated that the deceptive methods applied by the defendant will lead the purchasing public as well as business associates to believe that the products manufactured and sold by the defendant are in fact manufactured and sold by the plaintiff company.
8. On these averments, the plaintiff company has filed the instant suit.
9. It may be noted here that on an application filed by the plaintiff u/o I Rule 10 CPC, Sh. Rajesh Verma who is stated to be actually infringing the trademark/logo of the plaintiff company and selling the infringing goods bearing falsified and copied trademarks/trade-dress/logos of the plaintiff company, was impleaded as a defendant in place of the original defendant Ashok Kumar. Accordingly, summons were issued to said newly added defendant Rajesh Verma.
10. The defendant had appeared before the court on 23.01.2021 through his Advocate who undertook to file written statement. However, neither did anybody appear on behalf of the CS (COMM.) 337/19 Page No. 7 of 13 M/S SHRIRAM PISTONS AND RINGS LTD VS.
ASHOK KUMAR defendant thereafter in this case nor was written statement filed on his behalf. Accordingly, the defence of the defendant was struck off vide order dated 27.10.2021.
11. The plaintiff company has examined only one witness as PW-1 to prove its case. He has not been cross-examined at all on behalf of the defendant.
12. I have heard the learned counsel for the plaintiff and have perused the plaint as well as documents filed alongwith the same and also the evidence lead by the plaintiff.
13. Apart from the reiterating the contents of the plaint in his evidence by way of affidavit Ex.PW1/A, PW-1 has further deposed that the defendant Rajesh Verma has been distributing and selling infringing goods bearing the falsified trademarks "USHA" and "SHRIRAM" and has been operating its business from Building No. A-32, Kewal Park Extension, Azadpur, Delhi- 110033.
14. He has also proved the following documents:-
i. Photocopy of fresh certificate of incorporation as Ex.PW1/1 (OSR).
ii. Photocopy of memorandum of association of the plaintiff as Ex.PW1/2 (OSR).CS (COMM.) 337/19 Page No. 8 of 13
M/S SHRIRAM PISTONS AND RINGS LTD VS.
ASHOK KUMAR iii. Photocopy of specific power of attorney in my favour as Ex.PW1/3 (OSR).
iv. Photocopy of extracts from minutes of meeting of Board of Directors held on 26.06.2015 as Ex.PW1/4 (OSR).
v. Photocopy of Trademark Registration Certificate bearing Trademark no.308516 as Ex.PW1/5 (OSR).
vi. Photocopy of Trademark Registration Certificate bearing Trademark no.426689 as Ex.PW1/6 (OSR).
vii. Photocopy of Trademark Registration Certificate bearing Trademark no.309086 as Ex.PW1/7 (OSR).
viii. Photocopy of Trademark Registration Certificate bearing Trademark no.309092 as Ex.PW1/8 (OSR).
ix. Photocopy of Trademark Registration Certificate bearing Trademark no.310046 as Ex.PW1/9 (OSR).
CS (COMM.) 337/19 Page No. 9 of 13M/S SHRIRAM PISTONS AND RINGS LTD VS.
ASHOK KUMAR x. Photocopy of Trademark Registration Certificate bearing Trademark no.603868 as Ex.PW1/10 (OSR).
xi. Photocopy of Trademark Registration Certificate bearing Trademark no.436693 as Ex.PW1/11 (OSR).
xii. Photocopy of Trademark Registration Certificate bearing Trademark no.426689 as Ex.PW1/12 (OSR) (also exhibited as Ex.PW1/6).
xiii. Photocopy of Trademark Registration Certificate bearing Trademark no.316156 as Ex.PW1/13 (OSR).
xiv. Photocopy of Trademark Registration Certificate bearing Trademark no.312962 as Ex.PW1/14 (OSR).
xv. Photocopy of Copyright Registration Certificate bearing Certificate no.A-14418/75 as Ex.PW1/15 (OSR).
xvi. Photocopy of Copyright Registration CS (COMM.) 337/19 Page No. 10 of 13 M/S SHRIRAM PISTONS AND RINGS LTD VS.
ASHOK KUMAR Certificate bearing Certificate no.A-14419/75 as Ex.PW1/16 (OSR).
xvii. Photocopy of Copyright Registration Certificate bearing Certificate no.A-14620/75 as Ex.PW1/17 (OSR).
xviii. Photocopy of Trademark Registration Certificate bearing Trademark no.426691 as Ex.PW1/18 (OSR).
xix. Photocopy of Trademark Registration Certificate bearing Trademark no.426692 as Ex.PW1/19 (OSR).
xx. Photocopy of Trademark Registration Certificate bearing Trademark no.552652 as Ex.PW1/20 (OSR).
xxi. Photocopy of Trademark Registration Certificate bearing Trademark no.526920B as Ex.PW1/21 (OSR).
xxii. Photocopy of Trademark Registration Certificate bearing Trademark no.552653 as Ex.PW1/22 (OSR).
CS (COMM.) 337/19 Page No. 11 of 13M/S SHRIRAM PISTONS AND RINGS LTD VS.
ASHOK KUMAR xxiii. Colour copy of the original product of the plaintiff company showing plaintiff's registered trademark 'USHA' as Ex.PW1/23.
xxiv. Colour copy of the infringing product of the defendant showing infringing trademark 'USHA' as Ex.PW1/24.
xxv. Affidavit of Investigator as Ex.PW1/25.
15. Considering the testimony of PW-1 as well as documents proved by him as noted hereinabove, which have remain unrebutted from the side of the defendant, it is manifest that the plaintiff company has proved the case in entirety. It is evident the plaintiff company is the registered owner of the trademark/trade-dress/logo/copyright "USHA" and "SHRIRAM" and that the defendant has been applying the same unauthorizedly and illegally upon the goods manufactured by him in order to cash upon the goodwill and reputation of the plaintiff company thereby making illegal gains for himself and causing wrongful loss to the plaintiff company. It is further evident that the trademark/trade-dress "USHA" and "SHRIRAM" used by the defendant on its products are the exact copy of the trademarks/trade-dress/logos of the plaintiff company which constitutes an act of infringement of trademark and CS (COMM.) 337/19 Page No. 12 of 13 M/S SHRIRAM PISTONS AND RINGS LTD VS.
ASHOK KUMAR copyright on the part of the defendant, the motive of which is to cause deception amongst the purchasing public and to pass off his products as a products of the plaintiff company. Therefore, the plaintiff company has become entitled to reliefs claimed by it in the suit.
16. Hence, a decree of permanent injunction is hereby passed in favour of the plaintiff company thereby restraining the defendant, his associates, agents, employees/distributors/ representatives/assignees etc. from using the trademark/trade- dress/copyright/logos "USHA" and "SHRIRAM" of the plaintiff company or any other identical/deceptively similar trademark/trade-dress/copyright/logo on his products/packaging such as engine valves, pistons, piston pins, piston rings, packaging material, engine components etc.
17. Decree sheet be prepared accordingly.
18. File be consigned to record room.
Announced in the open Court.
(VIRENDER BHAT) District Judge (Commercial Court) North:Rohini:Delhi/13.09.2022 CS (COMM.) 337/19 Page No. 13 of 13