Indian Kanoon - Search engine for Indian Law

35. Learned counsel for the defendants submitted that the prayer for injunction should be dismissed on the ground of delay, laches and acquiescence. It was submitted that the defendants have been using the word NIVEA since 1973 when father of defendant no.1 along with some of his relatives started a partnership firm M/s Nivea Trading Company for trade in wrist watches and in 1974, the said partnership firm had obtained a shop and establishment license. It was submitted that thereafter in 1977, mother of Defendant No.1 herein Mrs. Punita Assan Sukhwani had applied for registration of the trademark NIVEA in Class 14 (watches and jewellery) which was granted under the Trade and Merchandise Mark Rules, 1958 and the said registration continues. It was stated that in 1979, the partnership firm had launched „NIVEA wrist watches‟ in Mumbai and a news article was published. In 1981, the name of the partnership firm was changed to „Nivea Time‟. It was stated that the firm name was changed to Niveas‟ in 1983. In 1989, the defendant no.2 partnership firm "Nivea International" was established and the said firm has been registered with Government of India under the import-export code and has been filing income tax returns, etc.