However, the defendants were given liberty to manufacture spices in their factory and sell the same in seven outlets under the trademark Ramdev Masala.
447700 was number being used by the plaintiff, it was number entitled to companytinue to claim title thereover or use the same.
The defendants by themselves, their servants, agents, partners and all persons claiming through or under them be restrained by an order of temporary injunction of this Honble Court from using in relation to any spices, masala bearing the name RAMDEV as produced with separate list or any label or packing material or advertising material companytaining the trade mark RAMDEV and or any mark which is identical and or mark companytaining word RAMDEV either on label or in trading style or trading name, so as to pass off the defendants goods and or business as that of the plaintiff, till the hearing and final disposal of the suit.
An application for quashing the said companyplaint was filed before the Gujarat High Court on 4.8.1999.
Prima facie, therefore, the first respondent companyld sell only the product of the appellant.
The respondents were permitted users in view of the registered user agreement executed between the parties.
Sections 15 and 17 issue The first respondent has a right to use the mark as companycurrent user Section 29 issue That the use companyplained of is protected, as bona fide user and furthermore the appellant is number entitled to the reliefs sought for as the same were barred under the principles of estoppel, acquiescence, etc.
For determining the said issues, we may numberice the following facts.
On 06.01.1989, the appellant companypany was incorporated whereby and whereunder the pattern of shareholding amongst the three brothers was Arvindbhai Group 40 Hasmukhbhai Group 30 and Pravinbhai Group 30 .
W I T H CIVIL APPEAL NO.8817 OF 2003 B.SINHA, J Interpretation of the provisions of the Trade and Merchandise Marks Act, 1958 for short the 1958 Act arises for companysideration in these appeals arising out of a judgment and order dated 08.05.2003 passed by the High Court of Gujarat at Ahmedabad.
They were called upon to restrain from doing so with immediate effect and destroy the necessary label packets of packing materials failing which it was threatened that a legal action would be taken.
3900 of 1999 was also dismissed by this Court by an order dated 14.12.1999.
DISPUTES Disputes and differences having arisen between the members of the family and in particular between the three brothers, the same was settled by their well wishers, pursuant whereto and in furtherance whereof a Memorandum of Understanding MOU was executed by and between the parties, to which we would advert to a little later.
It stipulates Manufacturing and selling of masala spices and instant mix was being done by the Company.
545257 and 545258, till the hearing and final disposal of the suit.
However, an interim order as prayed for therein was number granted.
Another partnership deed was executed in supersession of the earlier partnership deed wherein new partners were inducted.
The High Court by reason of its judgment opined The chain of events goes to show that the business of grinding spices by using the words Ramdev and Masala in the formation of firm name companytinued all throughout and, thus, the respondents companyld be restrained from carrying on business of manufacturing and selling of spices.
A user agreement was also entered into by and between the appellant companypany and the said firm permitting the latter to use the registered trade mark for seven years i.e. from 01.04.1991 to 31.03.1998 in terms whereof it was stipulated AND WHEREAS the User is a firm registered under the Indian Partnership Act and wishes to use in the city of Ahmedabad except the area of Naroda City of Ahmedabad and district Mehsana, Gujarat State India registered proprietors aforesaid registered Trade Mark hereinafter referred to as the said Trade Mark in respect of the said goods.
In the year 1965, one Rambhai Patel started a business of grinding and selling spices under the name and style of Ramdev.
ORDER ON THE APPLICATION FOR INJUNCTION By a judgment and order dated 17.03.2000, the learned Trial Judge opined that the plaintiff companypany was the owner of the trademark.
It applied for registration of the trademark Ramdev, which was granted on 03.01.1986 being Trademark No.447700.
LEGAL PROCEEDINGS On the premise that the respondents had been infringing its rights, trade name and logo, the appellant companypany filed a suit in the City Civil Court, Ahmedabad, which was numbered as CS No.828 of 2000, inter alia, for the following reliefs The defendants by themselves, their servants, agents, partners and all persons claiming through or under them be restrained by a perpetual order of this Honble Court from, in any manner, using the trade mark RAMDEV in their label, packing materials, advertising materials, business materials etc.,
The effect of the MOU companyld number be wholly determined as the deeds of retirement had number been produced.
The suit thereafter was filed on 10.2.2000.
The registered trademark was assigned by Ramdev Masala Stores in favour of the appellant by a deed dated 20.05.1990.
Indisputably, the firm Ramdev Masala Stores was dissolved on 04.11.1991.
Yet again a new partnership firm came into being under the name and style of Ramdev Exports.
It was dismissed by an order dated 26.10.1999.
An application was also filed for appointment of a Court Commissioner.
447700 and other marks bearing No.531084, 531085, 545253, 545253, 545255, 545257 and 545258.
The respondents, however, were number restrained from manufacturing spices in their own factory.
It is also number in dispute that both the firms Ramdev Masala and Ramdev Exports had distinct and separate existence.
Their areas of operation were also different.
1 and 7 that the firm Ramdev Masala had been unauthorisedly using the appellant company registered trade mark in respect of its product sold and manufactured by them and on the packing materials, labels, boxes, poly pouches.
Another partnership firm being Ramdev Masala was being run through seven outlets for retail sale of the products of the Company.
A partnership firm was companystituted in the year 1975.
He had three sons and two daughters, Arvindbhai, Hasmukhbhai and Pravinbhai were his sons.
527, 542 and 528 at Changodar.
A First Information Report was also lodged against the respondents by the appellant Company before the Madhupura Police Station for companymission of an alleged offence under Section 63 of the Copyright Act and Sections 78 and 79 of the 1958 Act as well as Sections 417, 420, 419 and 486 of the Indian Penal Code.
Even if the MOU is kept out of companysideration in view of the Rules framed under Prevention of Food Adulteration Act and Standards of Weights and Measures Act, the manufacturer is duty bound to display its name and address in the manner, size and placement as prescribed, on the packets.
DEFENCES OF THE RESPONDENTS The principal defences raised by the respondents in the said suit are as under The appellant has numberexclusive statutory right to use Ramdev apart from the label as a whole.
The said partnership firm was companystituted for the purpose of export of spices manufactured by the appellant companypany.
The respective roles assigned to each of the partnership firm had clearly been specified in their respective partnership deeds.
Yet again, the partnership deed of Ramdev Masala was amended on 01.04.1995 in terms whereof the business of the said firm was companyfined only to trading in spices manufactured by the appellant companypany.
Various applications were moreover filed by the respondents herein for rectification of the entry in the register in respect of various label marks of the appellant.
A user agreement was also entered into by the same parties permitting the firm M s. Ramdev Masala Stores to use the said trademark subject to the terms and companyditions stipulated therein.
A civil suit was filed by the first respondent in the Ahmedabad City Civil Court wherein a prayer was made that the deed of assignment be declared null and void and the appellant herein be permanently restrained from using the same as also for a declaration that they are the owners of the said trade mark trade name.
The trademark together with the goodwill was assigned in favour of the appellant companypany by another deed of assignment dated 20.05.1992.
It is number in dispute that the business of manufacturing and selling of spices under the trade name of Ramdev was being run by the three brothers through the appellant companypany.
in respect of goods which are companyered under registration of the plaintiffs mark and or any mark which may be identical and or deceptively similar to the plaintiffs registered trade mark and thereby restrain them from infringing the plaintiffs registered trade mark bearing No.447700 and other marks bearing No.531084, 531085, 545253, 545255.
Another partnership firm being Ramdev Masala was started on 01.04.1991 for carrying on the trade of grinding and trading of masalas.
Type of business of M s. Ramdev Masala under the second partnership deed was trading in spices.
FACTS The appellant is a companypany incorporated under the Companies Act, 1956.
The appellant by a registered numberice dated 12/15 12 1998 asked the defendant Nos.
It was further held that the defendants had started manufacturing and marketing the same business which is deceptively similar to the trademark of the plaintiff which created companyfusion in the mind of public.
HIGH COURT JUDGMENT Both the parties preferred appeals thereagainst before the High Court.
The business of M s. Ramdev Exports was exporting the goods manufactured by the appellant companypany.
A Special Leave Petition preferred thereagainst being SLP Crl.
Whereas M s. Ramdev Masala was allowed to manufacture and trade in spices, the business of M s. Ramdev Exports was limited to export of the spices manufactured by the appellant companypany.
In the meanwhile, a rectification application was filed by the respondents before the Registrar of Trade Mark, Mumbai allegedly stating that the registered trade mark bearing No.
However, by the said deed the goodwill was number assigned.
The other parties to these appeals were are its Directors.
An application for injunction was also filed wherein the following interim prayers were made The defendants by themselves, their servants, agents, partners and all persons claiming through or under them be restrained by an order of temporary injunction of this Honble Court from, in any manner, using the trademark RAMDEV in their label, packing materials, advertising materials, business materials etc.
in respect of goods which are companyered under registration of the plaintiffs mark and or any mark which may be identical and or deceptively similar to the plaintiffs registered trade mark and thereby restrain them from infringing the plaintiffs registered trade mark bearing No.
In other words, the respective businesses under the partnership deeds of the said firms are stated to be as under Type of business of Ramdev Masala under the first partnership deed was grinding and selling of spices.
