Manmohan Singh JUDGMENT
Manmohan Singh, J.
1. The plaintiff has filed the suit for infringement, permanent injunction, restraining passing off and rendition of accounts against the defendant.
Relevant facts of the case as per the plaint
2. The plaintiff claims that he is the proprietor of the Proprietorship firm "SENGE HIMALAYAN CERAMICS" dealing in Tea / Coffee mugs, Tea Cup Saucer, Bowls, Hotelwares, Handicrafts, etc. Since the plaintiff's forefathers are from Tibet, the plaintiff as a child had grown up with the Tibetan mythology and has been very fond of the same and its beliefs. As per the Tibetan mythology, the word 'SENGE' means an auspicious and fearless snow lion.
3. It is alleged that the plaintiff being inspired by the concept and strength of SENGE adopted and conceived the mark SENGE with the device of a fearless lion (hereinafter referred to as the "plaintiff's said trademark/logo") in relation to his business of tours and travels in the year 2000 in the name & style of "SENGE TRAVEL & TOURS", registered on 7th June, 2000 and in which Company the plaintiff is one of the Directors. The following symbol used by the plaintiff in the year 2000 in the said "SENGE TRAVEL & TOURS" is consisted of two snow lions :
4. Subsequent to his travel and tour business, the plaintiff in the year 2002 also started his business of ceramics by way of a Proprietorship firm in the name of "SENGE HIMALAYAN CERAMICS" wherein he started to deal in crockery items such as Tea / Coffee mugs, Tea Cup Saucer, Bowls, Hotelwares, Handicrafts, etc. It is stated that the word 'SENGE' means to be auspicious and fearless and the plaintiff created a logo / back stamp of a snow lion 'SENGE' to ascertain its distinguished quality and designs and to maintain the said uniqueness of quality and design. The plaintiff adopted a unique logo / back stamp and started using it in relation to his goods and services by embossing it on his products so that the same are distinguished from the rest of the products available in the market.
5. It was bonafidely adopted in the year 2000. The plaintiff has been using the word/mark SENGE word per se, stylized, formative/bearing marks with/without the device label of fearless lion and labels as a trademark as also as an essential part of its trade- name in relation to its services of Tours and Travels since the year 2000 and in relation to its said goods and business of ceramics since the year 2002. In addition to its word per se user, the plaintiff over a period of time has been using its SENGE trademark in various stylized and artistic formats and labels, which have been created over a period of time. The plaintiff's said trademark SENGE along with the device of fearless lion is an arbitrary trademark of the plaintiff in relation to its services and business of Tours and Travels, as also in the business of ceramics.
6. The plaintiff in order to promote his business in the year late 2002 entered into an arrangement with one M/s. Diamond Potteries Pvt. Ltd., Works Factory, 40th K.M., Delhi Rohtak Road, Village - Jakhoda, Bahadurgarh, Haryana, who amongst other manufacturers the plaintiff deals with, conducts job work on behalf of the plaintiff by applying/printing the plaintiff's said trademark/logo of "Senge Himalayan Ceramics" along with the device of fearless lion on the said goods of the plaintiff. Thereafter, Diamond Potteries Pvt. Ltd. would hand over the said goods after applying the plaintiff's said trademark/logo of "Senge Himalayan Ceramics", with the device of fearless snow lion which were being sold by the plaintiff in the market. The said arrangement is still in existence and the plaintiff sells the products manufactured by Diamond Potteries Pvt. Ltd. for the plaintiff only. As........