1994 (10) TMI 314 - HC - Indian Laws

Court grants injunction against defendants using 'Sunder Nagar Dewali Mela' name. Plaintiffs establish prima facie case of passing off.

The court granted an injunction in favor of the plaintiffs, two registered societies, restraining the defendants from using the name 'Sunder Nagar Dewali ... - Issues:1. Dispute over the use of the name 'Sunder Nagar Dewali Mela' for a fair event.2. Claim of passing off and potential irreparable injury to the plaintiffs due to the defendants' actions.Detailed Analysis:1. The judgment revolves around a dispute between two parties, the plaintiffs and the defendants, regarding the use of the name 'Sunder Nagar Dewali Mela' for a fair event. The plaintiffs, two registered societies, have been organizing the fair for over 30 years, utilizing the proceeds for charitable projects. The defendants, another registered society, also planned to hold a fair under the same name, arguing that 'Sunder Nagar' is a common geographical term and not exclusive to the plaintiffs. The court examined the timeline of publicity and found that the plaintiffs had initiated publicity first for the 1994 fair, establishing their association with the event's name and goodwill.2. The court considered the legal principle of passing off, where a geographical name can acquire commercial significance associated with specific goods or services. Citing legal precedents, the court emphasized that the use of a name without adequate distinction, especially in conjunction with similar indicia, can constitute passing off. Referring to a previous Delhi High Court decision supporting a similar view, the court concluded that the plaintiffs had a prima facie case of passing off and were likely to suffer irreparable injury if not protected.3. The defendants argued that the plaintiffs' action was belated as they had already made significant preparations for the fair. However, the court found that the plaintiffs did not object to the fair itself but sought to prevent the defendants from using the specific name 'Sunder Nagar Dewali Mela.' The court granted an injunction restraining the defendants from associating the name 'Sunder Nagar' with their fair, considering the potential confusion among visitors and the plaintiffs' established reputation. The judgment allowed for a full trial on the merits of the case in the future.