Delhi District Court
M/S. J.J. Electricals Industries vs . Shri Prabhu Shanker Saraff & Ors on 25 April, 2014
M/s. J.J. Electricals Industries Vs. Shri Prabhu Shanker Saraff & Ors
In the Court of Additional District Judge02, South District,
Room No. 602, Sixth Floor, Saket Courts Complex, New Delhi
In the matter of :
TM No. 20/2011
M/s. J.J. Electricals Industries,
10A, Kashi Mitter Ghat Street,
Kolkata700003.
...... Plaintiff
Versus
1. Shri Prabhu Shanker Saraff,
7/38A, Yudhishter Gali,
Vishwas Nagar, Shahdara,
Delhi.
2. M/s. J.J. Electricals Industries,
7/38A, Yudhishter Gali,
Vishwas Nagar, Shahdara,
Delhi.
...... Defendants
Date of Institution :06.08.2010
Decision Reserved on :03.04.2014
Date of Decision :25.04.2014
JUDGMENT
{on Suit for Permanent Injunction, restraining, infringement of Trade Mark, Passing Off of the Trade Mark, Rendition of Accounts, Delivery Up, etc.}
1. The plaintiff M/s. J.J. Electricals Industries filed Suit for Permanent Injunction, restraining, infringement of Trade Mark, Passing Off of the Trade Mark, Rendition of Accounts against Shri Prabhu TM No. 20/11 Page No. 1 of 6 M/s. J.J. Electricals Industries Vs. Shri Prabhu Shanker Saraff & Ors Shanker Saraff / defendant no. 1 and M/s. J.J. Electricals Industries / defendant no. 2, stating that plaintiff is a partnership firm having four partners namely Shri Purushottam Lal Saraff, Shri Pradip Kumar Saraff, Anoop Kumar Saraff and Shri Rajesh Kumar Saraff. The plaintiff is in business of manufacturing and marketing of wide range of electrical goods, electrical appliances, electrical accessories and fittings including cutouts, distribution process, fuse, switchgears, plugs, adopter and parts, PVC Insulations and cables, electrical accessories, etc. and other allied and related goods.
The plaintiff is in the business of trade and has been using the trade mark / label JJ since the year 1975 and the plaintiff is the proprietor of trade mark / label JJ, which is being used in four formative trade marks as JJ DELUXE, JJ STANDARD, JJ CHAMPION and JJ SUPER. The trade mark / label JJ is forming material part of the plaintiff's formative trade mark / labels, word JJ is also forming material part of the plaintiff's trading style.
The plaintiff is carrying on trading activities under the trade name M/s. JJ Electricals Industries and manufactured goods are marketed under the trade marks JJ DELUXE, JJ STANDARD, JJ CHAMPION and JJ SUPER. The plaintiff has acquired statutory rights in the aforesaid trade marks, the applications have been filed and the TM No. 20/11 Page No. 2 of 6 M/s. J.J. Electricals Industries Vs. Shri Prabhu Shanker Saraff & Ors plaintiff has registered trade mark.
Further, the plaintiff is also owner and proprietor of artistic features involved in the said trade marks / labels JJ DELUXE, JJ STANDARD, JJ CHAMPION and JJ SUPER and holds Copyright therein.
Whereas defendant no. 1 have started and engaged in the same business and goods as of the plaintiff. As per information of plaintiff, the defendant no. 1 is managing and controlling the day to day affairs of defendant no. 2. The defendants with malafide intention have dishonestly adopted and started using the trade mark JJ, JJ PLUS and trading style JJ Electrical Industries. Whereas defendants are not proprietor of trade mark / trade name JJ with or without conjunction of any other trade mark within the meaning of Section 18(1) of the Trade Marks Act.
2. Whereas the defendants opposed the allegations of plaint, defendants denied the rights of plaintiff. Defendants contends that M/s. JJ Electrical Industries, presently at 7/38A, Yudhister Gali, Vishwas Nagar, Shahdara, Delhi is into existence in the market since the year 1978. M/s. JJ Electrical Industries was initially a partnership firm comprising of seven partners namely - Shri Bhagwati Prasad Saraff, Purushotam Lal Saraff, Pramod Kumar Saraff, Pradeep Kumar Saraff, Rajesh Kumar Saraff, Praveen Kumar Saraff and Prabhat Kumar Saraff. After the retirement of the partners of the said partnership firm, it became the sole proprietorship TM No. 20/11 Page No. 3 of 6 M/s. J.J. Electricals Industries Vs. Shri Prabhu Shanker Saraff & Ors concern of Shri Jagdish Prasad Saraff, who use to run the business of the said firm. In the year 2005, an agreement was entered into between Shri Jagdish Prasad Saraff and the defendant no. 1 herein and accordingly all the rights, titles or interest or goodwill with respect to the firm M/s. JJ Electrical Industries devolved in favour of the defendant no. 1 and since 2005, the defendants are carrying on their business along with all the goodwill and reputation attached with the said firm since the year 1978, without any interruption or objection from anybody including the plaintiffs. The defendants request for dismissal of suit.
3. There was an adinterim order dated 09.08.2010 and during the pending of suit, parties came to business family settlement, statement of both the parties were recorded on 03.04.2014, the deed of family settlement (A1) is constituting part of their settlement.
4. Considering the settlement as well as business family settlement, along with statement of both the parties, parties have come to the conclusion that plaintiff will be entitled to use trade mark J.J Deluxe word per se and artistic label bearing the same and J.J Champion word per se stylish and artistic label bearing the same in relation to manufacture, sale and trade of a wide range of electrical goods, electrical appliances, electrical accessories and fittings including cutouts (electric), distribution process (electric), fuse (electric), switchgears (electric, plugs, TM No. 20/11 Page No. 4 of 6 M/s. J.J. Electricals Industries Vs. Shri Prabhu Shanker Saraff & Ors adopter and parts, PVC insulated wires and cables, electricals accessories etc.) and other allied and related goods along with any suffix and prefix.
Similarly, defendants have also agreed that they will not use trade mark or artistic label, as held entitled to the plaintiff. It is also settled that defendants will be entitled to use trademark J.J Plus word per se and artistic label in relation to manufacture, sale and trade of a wide range of electrical goods, electrical appliances, electrical accessories and fittings including cutouts (electric), distribution process (electric), fuse (electric), switchgears (electric, plugs, adopter and parts, PVC insulated wires and cables, electricals accessories etc.) and other allied and related goods along with any suffix and prefix.
5. In view of the same, the plaintiff's suit for permanent injunction is decreed against the defendants, while restraining the defendants from using trade mark J.J Deluxe word per se and artistic label bearing the same and J.J Champion word per se stylish and artistic label bearing the same in relation to manufacture, sale and trade of a wide range of electrical goods, electrical appliances, electrical accessories and fittings including cutouts (electric), distribution process (electric), fuse (electric), switchgears (electric, plugs, adopter and parts, PVC insulated wires and cables, electricals accessories etc.) and other TM No. 20/11 Page No. 5 of 6 M/s. J.J. Electricals Industries Vs. Shri Prabhu Shanker Saraff & Ors allied and related goods along with any suffix and prefix.
However, it is without prejudice to the defendants' rights to use trademark J.J Plus word per se and artistic label in relation to manufacture, sale and trade of a wide range of electrical goods, electrical appliances, electrical accessories and fittings including cutouts (electric), distribution process (electric), fuse (electric), switchgears (electric, plugs, adopter and parts, PVC insulated wires and cables, electricals accessories etc.) and other allied and related goods along with any suffix and prefix.
Business Family Settlement (A1) will constitute part of consent decree.
6. So far other suit in respect of rendition of accounts, delivery up, etc. is concerned, the same is dismissed in view of the business family settlement between the parties, however, the plaintiff will provide one set of business family settlement, as undertaken in the statement by Shri Rajesh Kumar Saraff.
Both the parties will bear their own costs. The plaintiff's suit stands disposed off. Consent decree be drawn accordingly.
File be consigned to record room.
Announced in Open Court (Inder Jeet Singh)
on 05 Vaisakha, Saka, 1936 Addl District Judge 02
South, Saket District/25.04.14
TM No. 20/11 Page No. 6 of 6