1994 (8) TMI 303

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....examined the trade marks and logos as well as the cartons used by both the parties for selling their respective products. We also examined the relevant authorities oh the subject, cited by the learned counsel. 3. The undisputed facts are that both the respondent-plaintiff as well as the appellant - defendant manufacture and sell various electrical and electronic goods, cable TV, aerial boosters, solid state boosters etc. The appellant was one of the partners of the firm. viz., M/s. Micronix India along with the respondent- plaintiff. The firm was manufacturing and selling the said electrical arid electronic products, apparatus and instruments etc. since 21st September, 1977, The said firm had a registered trade mark, viz., 'MICRONIX&#3....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....proceedings. The suit is still pending and final conclusions will have to be arrived at after perusal of the evidence produce by both sides. There are two things which impress Us. Firstly, the appellant is not manufacturing any one product such as the boosters, which has been mainly taken into consideration by the High Court. He is producing various electrical and electronic apparatus in many of which micro-chip technology is used. Even the boosters which he manufactures and sells are of two types, viz, transistorised boosters and Integrated Circuit boosters whereas the respondent- plaintiff manufacturers aerial boosters only of the first type. Thus micro-chip technology being the base of many of the products, the word 'micro' has....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s and they are ensconces in designs of elongated triangles both above and below the said name. On the other hand, the appellant's trade name 'MICROTEL' is in thick bold letters in red colour without any design around. As regards the logo, the respondent's logo consists of the word 'M' in a slim letter with T sporting a dot on it and drawn in the well of 'M', Below the letter 'M' in small letters is written .the word 'MICRONIX' and all these letters and words are written in white in a black square in north-south direction. As against this, the appellant's logo is one letter, viz,. 'M' which is drawn in bold broad letter with its left leg slimmer than all other parts which are in thi....