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1. This judgment shall dispose of the suit of the plaintiff for perpetual injunction seeking restraint against the defendant from using trade mark „KEPREJ‟ for his goods, voltage stabilizers, electric current transformers, emergency lights, invertors and electronics and electric goods & other cognate and allied goods and passing off his goods as that of plaintiff‟s and for rendition of accounts.

2. The plaintiff contended that plaintiff is the proprietor of M/s.Tara products and is carrying on business as manufacturer and merchants of large number of goods including voltage stabilizers, electric current transformers, emergency lights, invertors and electric and electronics goods since the year 1977.

3. Plaintiff contended that he had adopted the trade mark „CAPRI‟ for marketing its goods in May 1977 and since then he has been selling goods manufactured by him under the said trade name. The plaintiff is alleged to have said trade mark registered with Registrar of Trade Marks at serial number 363066 on 21st June, 1980 in respect of voltage stabilizers and electric current transformers included in class-9 of the Forth Schedule of Trade and merchandise Marks Rules, 1959. According to the plaintiff, the registration has been renewed from time to time and is still valid and subsisting. The trade mark „CAPRI‟ also got registered at serial no.473944 on 19th June, 1987 in respect of scientific and electrical apparatus and instruments included wireless in class-9 of the Forth Schedule of Trade and merchandise Marks Rules, 1959. The said registration has been renewed by the plaintiff from time to time and is still valid and subsisting. The mark of the plaintiff „CAPRI‟ is also alleged to be registered at serial No.473945 dated 19th June, 2009 in respect of installations for lighting, heating, steam generating, cooking and refrigerating included in class-11 of the Forth Schedule of Trade and merchandise Marks Rules, 1959 and is alleged to have been renewed from time to time and is valid and subsisting.

4. According to the plaintiff, he has acquired statutory rights over the trade mark „CAPRI‟ in respect of the goods manufactured and marketed by the plaintiff. The plea of the plaintiff is that on account of prior adoption, long and established user of trade mark „CAPRI‟ and the vast publicity to the said trade mark, the plaintiff has acquired exclusive rights to use the trade mark „CAPRI‟ in respect of voltage stabilizers, electric current transformers, inverters, emergency lights, electrical apparatus, electrical and electronics instruments and other cognate and allied goods.

5. The plaintiff has alleged that he is extremely vigilant in protecting his goodwill and reputation of the trade mark „CAPRI‟. The plaintiff has also detailed the sales figures from 1978 till 2000-2001 in the plaint. The plaintiff also alleged that he had filed various suits in this Court and in other courts against the infringers and duplicators of plaintiff‟s trade mark and have obtained decrees against the violators of the plaintiff‟s trade mark. Referring to Suit No.1395 of 1989 against M/s. Shyamsons, Shiva Market, Pitampura, Delhi and M/s.Electronics Traders, Raipur (M.P.), the plaintiff contended that the suit was decreed in favor of the plaintiff and against the said infringers and violators of plaintiff‟s trade mark. The plaintiff has also given the details of other suits filed against other alleged violators and infringers. The plaintiff asserted that in June 2003, he came to know through his Sales Representative that the defendant is manufacturing and marking voltage stabilizers and electric current transformers bearing the trade mark „KEPREJ‟ and under the corporate name „KEPREJ‟ and the goods of the defendants are sold throughout the country. The plaintiff alleged that the goods of the defendants are also sold in clandestine manner in the National Capital of Delhi, however, without issuing any cash memo.